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Property (Multiple tenancy (tenancy in entirety, tenancy in common,…

- - - - anything that takes you to hospital
        
        starts clock again after disability ends
        
        unless sol is longer, take whichever is longer
    - - must exist at the time when the cause of action accrued
- - - - illegal when made?
      - LL knows (actual) of SUBSTANTIAL housing/ health code violations at the OUTSET of lease?
      - backpay and no future rent
    - - Only applicable for SUBSTANTIAL HEALTH and SAFETY conditions
        
        code violations are a starting place for showing health and safety concerns
        
        are required to let LL known (reciprocal duty)
        
        PATENT DEFECTS
      - can stay and withhold rent
      - includes tort damages
        
        P+S
        
        Punitive
      - Condition can exist pre-lease
        
        NO assumption of the risk (can't waive)
        
        intended to protect guests and family
        
        we want the housing stock to get better
      - majority view
        
        [fair market value - actual value]
      - total damages
        
        (traditional, contract, and tort can be argued)
      - minority
        
        [negotiated price- actual value]
      - What is material substantial health and safety breach?
        
        think of what you expect in every basic house to be viable
        
        not the same as contractual conditions
        
        like a bellhop or in unit gym is not covered
    - - every lease has an implied Covenant of Quiet Enjoyment
        
        right of possession
        
        right of exclusion
      - Substantial interference = constructive eviction (no actual required)
        
        continued duty
        
        if LL takes on a duty, he must continue for duration of lease
        
        such as
        
        cigarette smoke
        
        yes thats constructive eviction
        
        3rd party crime
        
        higher duty if LL knows of past crime at the unit (not just the area)
        
        but LL is not a insurer, just has a duty of reasonable care
      - must give LL reasonable time to fix (must give time but must vacate within a certain time or else you've waived)
      - only after those two can you withhold rent
        
        total rent withhold
        
        have to move out
        
        abatement
        
        can remain in posession
  - - - MItigate
      - duty to warn of condition
  - - - Ex 1: short term lease of furnished dwelling
      - duty to disclose latent defects that existed at the time (with actual knowledge)
      - maintain common areas
      - anything the LL said they would do in the Lease
- - - - can insert wording to negate it: "seller retains risk of loss"
      - if building is the essence of the contract and it is fully destroyed, burden on seller. Action in Frustration (massuchettes view)
- - - - no mention of where the deed is recorded
  - - - Greenes (bound party did not sign it)
      - no total price (only $500 deposit)
      - partial description
  - - - Reasonable reliance
        
        INDUCEMENT prevents SoF defense
- - - - but problems with title will lower market value
- - - - may be an encumbrance that greatly affects value of property
      - maybe ask for discount based on chance of winning?
- - - - if regulatory company record in title, that would be a 3rd party encumberance --> unmarketable
- - - - tacking on previous owner of this land: developer was building on whole area
  - - - that defect might make it harder for you to sell
      - 3rd party beneficiary?
        
        lawyer hasn't told you they are working for the bank only ?
        
        may give the mortgagee the reasonable belief the lawyer is also working for their interest
      - only held to reasonable buisness title search std
        
        only things on the face considered, this defect would require a surveying
        
        so here even 3rd party bene probably doesn't work
- - - - nothing in the land records that would let BFP know
      - doesn't have to actually search, just if they would have found nothing if found
    - - no facts from land or docs that would cause reasonable person to inquire
- - - - fair market value
      - 3rd party appraisal company
- - - - in T in E, both spouses sign?
        
        or maybe one died before the conveyance
- - - - right for owner of easement to go on someone else's land and do something
    - - right for owner of easement to prevent someone else from using their land in a certain way
    - - which property benefits (dominant lot) and which one is subject (servitude lot)
      - run with the land (independent of who owns)
    - - runs with the land?
        
        look at language of creation/ is it corporate
    - - elements
      - easement implied by pre-existing use
      - by necessity
      - prescriptive easement
    - - term of years
      - no language of years: perpetual
  - - - fees
      - to maintain (fence, outside, etc)
    - - not to develop
      - not to cut trees, develop business, # of cars)
    - - if A violates, O can get contract remedies
      - If A sells to B, then B violates
        
        must show promise runs to B
        
        original promise must be in writing
        
        O and A (original signers) must be in horizontal privity
        
        show grantor and grantee relationship
        
        some states have removed this requirement
        
        promise must touch and concern the land
        
        A must be in vertical privity with B
        
        intent to bind successors