29 Questions
What is the primary reason for establishing an easement by estoppel?
To prevent injustice
In what circumstances may an easement by estoppel be found?
In cases of noncompliance with the Statute of Frauds, reasonable reliance on continuation of consent, or fraud or misrepresentation
What are the essential elements of an easement by prescription?
Continuous, actual, adverse, hostile, notorious, and open use, with a statutory period
What is a necessary condition for an easement implied from prior use?
The use must be reasonably necessary for the enjoyment of the estate
What is the general test for determining whether an easement implied from prior use can be established?
Whether the parties had reason to expect that the use would continue despite severance of the parcel
What is the purpose of an easement implied from prior use?
To permit a use to continue after severance of one parcel into two or more
What is a key characteristic of a license that distinguishes it from an easement?
It is a limited right to enter or use land that is revocable at will
Under what circumstances may a license be implied?
By circumstances, such as a store being open to the public
What is a significant limitation of a license compared to an easement?
It is not transferable
When can a court find that a license has become an easement by estoppel?
When the license is granted under circumstances that would make it unfair to revoke
What is a key characteristic of a positive easement?
It is a promise to allow another to use your land
How can an easement be created?
By deed that conveys the easement or at the same time property is burdened or benefited by the easement sold
What is the primary characteristic of a term of years leasehold?
It has a specified period of time determined by the parties
Under what circumstance can a landlord evict a tenant before the term expires in a term of years leasehold?
If the tenant is not paying rent
What is required for a periodic tenancy to be terminated?
Notice from either party
What happens to a periodic tenancy if neither party takes action to terminate it?
It renews automatically
What is the effect of the death of either party on a term of years leasehold?
The leasehold continues until its specified end date
How much notice is typically required to terminate a periodic tenancy?
One period
What is a key consideration when a landlord is evaluating a proposed subtenant?
The subtenant's financial responsibility
What is a prohibited reason for a landlord to withhold consent to an assignment of a lease?
Personal taste or convenience
What is the significance of the Kendall v. Ernest Pestana case?
It upheld that a commercial landlord may not unreasonably withhold consent to an assignment of a lease
What happens to a tenant's covenants in an assignment or sublease?
They run with the land as real covenants
What is the effect of a lack of language in an assignment or sublease regarding covenants?
The covenants are still enforceable due to inquiry notice
What is the ruling in the Slavin case regarding a residential landlord's consent to an assignment of a lease?
A residential landlord may unreasonably withhold consent to an assignment of a lease when there is no provision in the lease
Under what circumstances might a court imply a covenant of continued operation in a commercial tenancy?
When the rent is set as a percentage of the profits from the tenancy
What is the primary benefit of a percentage-based rent structure for the landlord?
Increased potential for higher earnings
What is the primary limitation on a tenant's ability to transfer their possessory interest?
The lease specifically limits this right
What is the main difference between an assignment and a sublease?
An assignment is a transfer of the entire possessory interest, while a sublease is a transfer of a portion of it
What is the consequence of a tenant breaching an implied covenant of continued operation?
The landlord can sue for damages
Test your understanding of licenses in property law, including their characteristics, limitations, and revocation. Learn how licenses differ from property interests and how they are created and implied. Assess your knowledge of this important aspect of real estate law.
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