1.Study notes of Tiffani L Hume
SOURCE:
Emanuel, S.L (2004) Law Outlines:Property Law Aspen Publishers, NY
Property Law

2. THE APPROACH
When approaching a property question, what 2 broad areas should you consider?
3. Approach
Step 1:Rights in land
a.Possessory interest
b. Rights incidental to ownership in land
c. Rights to use anothers Land
Step 2:Real Estate Transactions
Conveyance& Mortgages
4. Rights in Land
There are 5 types of possessory interests
1) Present Estates
2) Concurrent Estates
3) Future Interests
4) Landlord/ Tenant
5) Taking of Possessory Interest
5. Possessory Interests: Present Estates
Fee Simple Absolute
Defeasible Estates
a) Fee Simple Determinable
b) Fee Simple Subject to Condition Subsequent
C) Fee Simple Subject to Executor Limitations
Life Estates
6. Fee Simple Absolute
Definition: A fee simple absolute is the broadest estate possible, with absolute ownership of an undivided interest for an unlimited period of time
Rule: property held in fee simple absolute can be freely divided, sold, bequeathed or inherited. (freely devisable, descendible and alienable)
7. Defeasible Estates
Definition:Defeasible estates are estates that are subject to termination upon the occurrence of a specified event
8. 3 Types of Defeasible Estates
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
Fee Simple Subject to Executory Limitations
Defeasible estates are freely transferable.It can be divided, sold, bequeathed, or inherited subject to stated condition or event
9. Defeasible Estates: Fee Simple Determinable
Definition:a fee simple determinable is a defeasible estate that will automatically terminate upon a stated event or violation and revert back to the grantor or his successorsin fee simple absolute.
10. Defeasible Estates:Fee Simple Subject to Condition Subsequent
Definition:A fee simple subject to condition subsequent is a defeasible estate that upon the event of a certain stated event or violation, it may be terminated by the grantor.The Grantor retains the right of entry to regain his land, but must make an affirmative action in order to do so.
Forteiture is not automatic
11. Defeasible Estates:Fee Simple Subject to Executory Limitations
Definition: A fee simple subject to an executory interest or limitation is a defeasible estate that provides for the passing of ownership from the grantor to a grantee (Springing executory interest)or from one granteeto another (shifting executory interest)upon the occurrence of a stated event or violation of a stated condition
12. Fee Simple Subject to Executory interests
BAR TIP:on the exam, look for :
to X and her heirs, but if Z happens, then to Y(shifting)
Or
To X, if and when Z happens (Springing)
13. Life Estate
Definition: A life estate is an interest in land measured by the life of the grantee
Rule: upon the death of the life tenant, the interest automatically reverts to the grantor (reversion) or shifts to a third party (remainder)
O conveys blackacre to A for Life and then to As heirs in fee simple
14. Possessory Interestsconcurrent estates
Tenancy in common
Joint Tenancy
Tenancy by the entirety
15. Possessory InterestsTenancy in Common
Definition:A tenancy in common is a concurrent estate in which the cotenants own a separate and distinct share of the property
Rule: each cotenant owns an individual part of the whole, but each has a right to possess and enjoy the whole
16. Possessory InterestsTenancy in Common
Please note:
Each cotenants interest is descendible, divisible and alienable
Wrongful ouster occurs when one cotenant, wrongfully excludes another from possession of the whole, or any part of the whole
Upon death of a cotenant, her interest descends to her heirs [no right to survivorship]
Cotenants must not commit waste
17. Joint tenancy
Definition:A joint tenancy is a concurrent estate in which each tenant owns an undivided interest in the whole estate.
Rule: Each cotenant owns an undivided interest in the estate with the right of survivorship. Upon the death of one of the joint tenants,the decedents share passes automatically to the surviving joint tenant
Each joint tenants interest is alienable only.
18. How is a joint tenancy created?
Rule:4 requirements
Unity of time (interest must vest at the same time)
Unity of title (interest must be done by the same instrument)
Unity of interests (interest must be identical)
Unity of Possession (interest must allow for all to equally enjoy the whole)
19. Severing of a Joint Tenancy
Can be severed by either :
Sale
Partition
Mortgage
20. Severance of Joint TenancySALE
Rule:A joint tenant can sell or transfer her interest during his life time with or without the cotenants knowledge or consent.However, the sale severs the joint tenancy as to the sellers interest, and the buyer takes the interest as a tenant in common.
21. Severance of Joint TenancyPartition
Rule:A joint tenancy may be partitioned by:
Voluntary agreement, OR
Court order
a. The court candivide the property between the joint tenants OR
b. Force the sale of the property anddivide the proceeds among tenants
22. Severance of a joint tenancy Mortgage
Majority Rule:(Lien Theory) = a joint tenants execution of a mortgage on his interest in the joint tenancy does not sever the joint tenancy
Minority Rule: (Title Theory) = a joint tenants execution of a mortgage on his share will sever the joint tenancy, but as to the encumbered share only.
23. Tenancy by the Entirety
Definition:A tenancy by the entirety
Is a joint tenancy between husband
And wife that automatically arises
When property is conveyed to both of them
Rule:Each spouse has the right of survivorship
In the property, which cannot be defeated
Through one spouses unilateral conveyance
Of her share to a third party. Upon the death of
One spouse, the decedents share passes
Automatically to the surviving spouse.
Creditors CANNOT attach interests held in tenancy by
The entirety of only one spouse
24. FUTURE INTERESTS
In grantor:
Possibility of reverter
Possibility of reentry
Reversion
In Grantee/Third party
Remainders
absolutely vested remainders
Vested remainder subject to open
Vested remainder subject to divestment
Contingent remainders
2. Executory Interests
shifting executory interests
Springing executory interests
25. Possibility of Reverter
The possibility of reverter is a future interest that arises in the grantor
Rule: if a condition stated in the conveyance of a fee simple determinable is breached, the possibility of reverter becomes a possessory interest of the estate
26. Right of Reentry
Definition: The right of reentry is a future interest held by the grantor that provides her the right to terminate a fee simple subject to a condition subsequent.
Rule: When conveying a fee simple subject to condition subsequent, a grantor must expressly reserve the right to terminate and reenter the land upon occurrence ofspecified event or violation therein.
27. Reversion
Definition: a reversion is the estate retained by a grantor who has conveyed a lesser estate than she owns
Rule: a reversion is automatically created upon the grantors conveyance of a lesser estate than she owns
Life estates, invalid attempts to convey a remainder to the grantors heirs
28. Remainder
A remainder is a future interest in a third person that can become a present possessory interest only after the natural expiration of the preceding estate
Rule: A valid remainder must be created in the same instrument as the prior estate that it follows AND
Must become part a present possessory interest immediately upon termination of the prior estate
29. 2 Classifications of Remainders
Vested Remainders
- Those who are already born and identified by name
Contingent remainders
- those who are not yet born
30. Important Doctrines in regard to future interests
The Rule of destructibility of
The rule in Shelleys Case
contingent remainders
The Doctrine of Worthier Title
The Rule Against Restraints on Alienation
The Rule against perpetuities
31. Destructibility of Contingent Remainders
Common Law:a contingent remainder is destroyed if it fails to vest before or at the time the preceding estate terminated.When this happens the grantors heirs take a fee simple through reversion
Modern Law: this doctrine is abolished.
32. The Rule In Shelleys Case
The rule in Shelleys case states that if one document creates both a freehold estate in a person and a remainder in that persons heirs, the grantee takes both the freehold estate and the remainder
The rule in Shelleys case has been abolished in most states
33. Doctrine of Worthier Title
Rule:under the doctrine of worthier title, an attempted remainder in the Grantors heirs is invalid and becomes a reversion in the grantor
O conveys to A and his heirs AND THEN the heirs convey to Z = cant do it
34. Restraints on Alienation
Disabling restraint = seeks to make any attempted transfer of an estate void
Forfeiture Restraint = provides that the grantor may terminate the estate if transfer is attempted
Promissory Restraint = is the grantees promise not to transfer the estate
35. Rules Against Restraints on Alienation
Rule: absolute restraints on fee simple estates are void.
Exceptions:
Forfeiture and promissory restraints of life estates
Forfeiture restraints on transferability of future interests
Rights of first refusal
Restrictions on assignments and subleasing
36. Rules Against Perpetuities
No interest in property is valid unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest.
Applies to:
Contingent remainders
Executory interests
Class Gifts
Rights of first refusal
37. Rights and Responsibilities of present and future interest holders
The law of waste
Affirmative waste
Permissive waste
Ameliorative Waste
The law of fixtures
38. Law of Waste
When more than one person holds an interest in land, the holder of the present interest is entitled to the ordinary uses and profits of the land, but cannot do anything that injures the interests of the future interest holder.
39. 3 types of waste
Affirmative waste (voluntary) = harm or decrease in the value of the estate resulting from the present interest holders intentional conduct
Permissive waste = harm to the property caused by the present interest holders failure to exercise reasonable care to protect the estate
Ameliorative waste= a physical change that economically benefits the land but is UNAUTHORIZED by the future interest holder
40. The Law of Fixtures
Fixtures pass with the ownership of land and the removal of fixtures constitutes voluntary waste
If the present interest holder has installed something himself and removes this, it is not waste
41. Possessory Interest:LeaseholdsNon Free Hold Estates
Definition: A leasehold , also known as a non freehold estate, is an interest in land that permits the interest holder to hold or use property for a period of time
There are four types of leaseholds
Tenancy for years
Periodic Tenancy
Tenancy at will
Tenancy at sufferance
42. Tenancy For Years
Definition: A tenancy for years is a tenancy that lasts for a fixed period of time.[ a set start and end date]
It is created by an explicit agreement between the parties
It will end without notice on the expressed end date unless the parties agree to extend the date.
The statute of frauds applies to this if it is longer than a year.
43. Periodic Tenancy
Definition: a periodic tenancy is a lease that continues for intervals with no fixe termination date
Rule: A periodic tenancy may be created by:
a. Express agreement ( month to month/year to year etc)
b. Implied agreement (setting payment for rent at fixed
intervals OR
c. Operation of Law:(accepting payment from a holdover)
44. Tenancy At Will
Definition: a tenancy at will is a lease that can be terminated at the whim of either party
No notice is required
Any party can terminate this at will
45. Tenancy at Sufferance
A tenancy at sufferance is created with a tenant wrongfully retains possession of property beyond the expiration of the lease.
Rule: When a tenant retains possession beyond the termination of a leasehold estate, the tenant is deemed to hold a tenancy at sufferance
46. Tenants Duties
Duty to pay rent
Duty not to commit Waste
Duty to Repair
Duty to Inform
47. Land lords remedies
A landlords remedies if a tenant breaches the duty to pay rent depend upon whether the tenant remains in possession of or abandons the property
Tenant remains in possession of property = landlord may:
a. file for a writ of ejectment (tenant becomes a tenant atsufferance until he vacates)
b. Landlord can sue the tenant for back rent owed
If the tenant abandons the property = the landlord can:
a. accept the tenants abandonment as an implicit offer of surrender
b. hold the tenant responsible for unpaid rent
c. lease the property out and hold the tenant liable for the difference between the rent owed and the rent received from the new tenant
48. Duty to repair
Under common law: tenant had the duty to make repairs automatically in leaseholds unless specified otherwise
Under modern law- the burden shifts to the landlord under the implied warranty of habitability
49. Landlords duties and tenants rights
Landlord has a duty to uphold the implied warranty of habitability
Landlord has a duty to uphold the Implied covenant of quiet enjoyment
Duty to deliver possession
Tenants remedies for landlords breach
* Move out and terminate the lease
* Make the reasonable repairs and deduct cost from rent
* Reduce or withhold rent payments until the court determinesthe fair rental value of the property OR
* Continue to pay rent and sue the landlord for damages
50. Implied Covenant of Quiet Enjoyment
Rule:Every lease contains an implied covenant of quiet enjoyment in which a landlord promises not to interfere with a tenants possession of the property
The right can be violated in two main ways:
1)By claims of paramount title OR
2) By acts of landlord or persons claiming under him which interfere with the tenants possession or use of the premises
51. Constructive Eviction
Under the law,if the tenant s claim is merely that his use or enjoyment of the property has been substantially impaired, the eviction is constructive
The tenant is responsible for paying rent unless he abandons the property
52. Implied Warranty of Habitability
Under the law, all courts agree that the existence of a building code violation is at least evidence of uninhabitability; however most courts require that to prove uninhabitability, the tenant must show that the conditions not only violate the building code, but are also a substantial threat to Ts health or safety.
53. Tenant Remedies for breach of Implied Warranty of Habitability
Tenant Can:
Terminate the lease
Withhold paying rent
Use the rent money to repair the problems
54. Easements
Under the law, an easement is a privilege to use the land of another and must be in writing.
AFFIRMATIVE EASEMENT
An affirmative easement is one entitling its holder to do a physical act on another s land

NEGATIVE EASEMENT
A negative easement is own which establishesits holder to prevent the owner of land from making certain uses of that land (these are very rare)

APPURTENANT
An easement appurtenant is one which benefits the holder in the use of a certain piece of land and must be tied to that specific piece of land. (dominant tenement)

EASEMENT IN GROSS
An easement in gross is one whose benefit is not tied to any particular parcel

PROFIT A PRENDRE
A profit isthe right to go onto the land of another to remove the soil or a product of it
55. Creation of Easements
Under the law an easement may be created in 4 ways: (1) by express grant; (2) by implication; (3) by strict necessity; and (4) by prescription
EXPRESS CREATION
If a easement is created by a deed or will, it is expressed
IMPLICATION CREATION
An easement by implication has three requirements: (1) the land must be divided up or severed; (2) the use for which the implied easement is claimed must have existed prior to the severance and (3) the easement must be at least reasonably necessary to the enjoyment of the dominant tenant.The implied easement will only exist where the owner of a parcel sells part and retains part, or sells pieces simultaneously to more than one grantee.
EASEMENT BY NECESSITY
The courts will find an easement by necessity if two parcels are so situated that an easement over one is strictly necessary to the enjoyment of the other.
EASEMENTS BY PRESCRIPTION
An easement by prescription is one that is gained under principles of adverse possession. If a person uses anothers land for more than the statute of limitations period governing ejectment actions he gains an easement by prescription.
56. Covenant Running With The Land
COVENANTS RUNNING WITH THE LAND
Under the law, a covenant running with the land is simply a contract between the two parties which, because it meets certain technical requirements has the additional quality that is binding against one who later buys the promisor land and or enforceable by one whom later buys the promisor land.
57. Equitable Servitude
EQUITABLE SERVITUDE
When the court gives equitable relief and applies it against an assignee of the original promisor, the promise is referred to as an equitable servitude.
58. The Taking Clause
THETAKINGCLAUSE
Under the law of eminent domain, state and federal governments may take private property for public use.However, the 5th amendment to the U.S Constitution provides that private property [shall not] be taken for public use without just compensation.The taking clause is made binding to all of the states through the 14th amendment.This must be a taking not a regulating in order to be violated.
Elements:
Must be substantial advancement of legitimate state interests
Must be a fairly tight fit between the state interest being promoted and the regulation chosen
Must be more than just a mere rational relation between means and end (Tight means end fit)
If the government (state or federal) makes or authorizes a permanent physical occupation of the property, this will automatically be found to constitute a taking.
*Diminution in value - the more drastic the reduction in value of the owners property, the more likely a taking is to be found.
59. Damages for Temporary Taking
DAMAGES FOR TEMPORARY TAKING
Inverse condemnation:if a land use regulation is so broad that it constitutes a taking, the owner may bring an inverse condemnation suit
60. ZONING
ZONING
Generally, zoning is done on the local, municipal level
The municipality power comes from the state police power or power to act in the general welfare
Use Zoning:most common form of zoning it is divided into districts where each district can only be used for a certain purpose (residential, business,etc)
Density controls:govern the density of population or construction;a towns minimum lot size per single family, minimum setbacks requirements, minimum square footage for residence and height limits.
61. LIMITS ON ZONING
LIMITS ON ZONING
Taking Clause
Procedural due process 14th amendment and 5th amendment land owner is entitled to an administrative hearing
Substantive due process if the zoning law fails to bear a rational relation to a permissible state objective, it may violate the substantive aspect of the Due Process Clause
Equal protection:a zoning law that is adopted for the purpose of excluding racial minorities will trigger a strict judicial scrutiny, and will probably be found to be a violation of the equal protection clause of the 14th amendment
62. Administrative Zoning
ADMINISTRATIVE ZONING
Bodies involved:Town council- the zoning code is enacted by the municipal legislature
Board of zoning appeals a board of adjustment or a board of zoning appeals usually exists towards variances and to hear appeals from the building departments enforcement of the zoning laws.
Planning or zoning commission - the town council generally appoints a planning commission or zoning commission.The commission advises the town council on (but does not independently determine ) the contents of the zoning code
63. VARIANCES
VARIANCES
Virtually all zoning ordinances have a provision for granting variances (relief in a particular case from the enforcement of an ordinance)
Requirements for variances:(1) denial would result in unnecessary hardship; (2)the need for the variance is caused by a problem unique to the owners lot;and (3) the variance would not be inconsistent with the overall purpose of the ordinance, or inconsistent with the general welfare of the people
64. Special Uses, Conditional Zoning and Non Conforming Uses
SPECIAL USES permits are usually granted for churches, private schools, hospitals (usually done in regards to a hardship of some kind
CONDITIONAL ZONING -many ordinances provide for conditional zoning -under this device the rezoning of a particular parcel is made subject to the developers promise to comply with certain conditions, which will protect neighbors.
NON CONFORMING USES: When a zoning ordinance is enacted or made more stringent, the pre existing uses that are now banned by the ordinance are called non conforming uses Virtually all ordinances either (1) grant a non conforming user in a substantial period within which he may continue his use; or (2) let him continue that use indefinitely.
Constitutional law issues : it would likely be a violation of an owners due process or other constitutional rights for him not to be given at leasta substantial period within which to phase out the non conforming issues
65. Exclusionary Zoning
used to exclude certain types of persons and uses , particularly racial and ethnic minorities and low income persons
Can be fought with the Equal Protection Law and or
Federal Statutory regulations and or
State Case Law
66. Land Sale Contracts, Deeds Mortgages
Must satisfy the statute of frauds
Part performance exception to the SOF for the land sale contracts, under the doctrine of part performance, a party either the buyer or the seller, who has taken action in reliance on the contract may be able to gain at lease limited enforcement of it.
Law Students Remember toreview tort law landowners for all of the details
67. Mortgages and Installment Contracts
A mortgage is a financing arrangement in which the person buying the property (or one who already owns the property) receives a loan, and the property is pledged as a security to guarantee repayment of the loan.
A mortgage has two documents that go with it : (1) the NOTE or BONDand (2) the mortgage itself.
INSTALLMENT CONTRACTS: where a buyer makes a down payment on a piece of property and thenmakes monthly installment payments on the property
68. DEEDS
The deed is the document which acts to pass title from the grantor to the grantee
Merger:Under the doctrine of merger, most obligations imposed by the contract of sale are discharged unless they are repeated in the deed.
Quitclaim deed:the grantor makes no covenant that his title is good ( he merely passes on to the grantee whatever title he has
Warranty deed: the grantor makes one or more promises about the state of his title
Grantor must sign the deed, the grantee need not sign the deed
Deed must be witnessed by one or more persons or Notarized
Delivery of deed is required in order for the deed to be valid
Deed must describe the property either by (1) Metes and bounds (boundary lines where the property starts and ends) ; (2) Government survey- land is divided in 6 mile square tracts called townships; each town ship is divided into 36 one mile square tracts called sections, each section contains about 640 acres, each of which can be directly referred to; OR(3) Plat which relies on the recording of a map or plat of property by a developer in which the plat shows the location of individual lots
Once the delivery occurs the title passes immediately to the grantee.
69. Water Rights
Drainage:courts are split as to the rights of an owner to drain surface water from his property onto the property of another.In general courts are moving to a rule that an owner may do this only If his conduct is reasonable underall circumstances
Streams and Lakes: States are sharply split as to when and how the landowner may make use water front lakes and streams that abut his property usually each riparian party can use what they need to gain beneficial use of the water (under common law).
Ground Water in most American states a land owner may make only reasonable use of ground water drawn from under his property.The land owner cannot divert this water to other properties which he may own.
70. AIR RIGHTS
DIRECT OVER FLIGHTS:when airports permit flights to occur directly over an owners property and within immediate reaches of property owners land, the property owner can sue the airport for trespassor Nuisance if the flight is adjacent to landowners property.
Tall buildings:A land owner has the right to build a building as tall as he wishes as long as it is in accordance with the zoning requirements for that location.
RIGHT TO SUNLIGHT a landowner has no right to sunlight,for examplean owner almost never acquires and easement of light and air by implication or even by necessity. So if A and B are adjoining owners, B can without liability build a building in such a way that blocks As sunlight. (BUT if A uses that sunlight for solar energy, A can possibly claim Nuisance against B for blocking energy sources needed to sustain the power of As building.
71. REVIEW OF BASIC TERMS
FEE SIMPLE ABSOLUTE
Under the law, a fee simple absolute is the longest and most unrestricted estate.A fee simple Absolute is inheritable under intestacy statutes.

FEE SIMPLE DEFEASIBLE
Under the law, a fee simple defeasible is the type of fee simple that will terminate upon the happening of a stated event or the failure of the stated event.There are three types of fee simple defeasibles: (1) the fee simple determinable; (2) the fee simple subject to condition subsequent and (3) the fee simple subject to an executory interest.

FEE SIMPLE DETERMINABLE
Under the law, a fee simple determinable is the type of fee simple that may last indefinitely, but will terminate upon the happening of a specified event or could terminate upon the failure of a specified event. Upon the occurrence of the event or lack thereof, the property will automatically revert back to the grantor (possibility of reverter) or to his successors (remainders).

FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT
Under the law, a fee simple subject to condition subsequent is the type of fee simple that may last indefinitely, but will terminate upon the happening of a specified event or could terminate upon the failure of a specified event.Upon the happening or failure of occurrence of the stated event the land will not automatically revert back to the grantor.Rather the grantor holds the right of re-entry and must take an affirmative action to regain the property.
72. REVIEW OF TERMS 2
FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION
Under the law, a fee simple subject to an executory limitation provides for the estate to pass to a third person (one other than the grantor) upon the happening of a stated event.

THE FEE TAIL
Under common law, the fee tail allows the owner of land to ensure that the property remains within his family.Modernly, a fee tail is simply converted by statute to a fee simple absolute.

THE LIFE ESTATE
Under the law, a life estate is an interest which lasts for the lifetime of a person and is measured by the life of the grantor.A life estate Per Autrie vie is a life estate measured by the life of one other than the grantor
73. REVIEW OF TERMS 3
THE RULE IN SHELLEYS CASE
Under the law, The Rule In Shelleys Case provides:if a will or conveyance creates a free hold in A, purports to create a remainder in As heirs, and the estates are both legal or both equitable, the remainder becomes a remainder in A.A usually ends up getting fee simple.
DOCTRINE OF WORTHIER TITLE
Under the law, one cannot, either by conveyance or will, give a remainder to ones own heirs.

THE STATUTE OF USES AND EXECUTORY INTERESTS
Under the law, the statute of uses provides that any equitable estate is converted into the corresponding legal estate. Modernly, the statute of uses makes possible modern Shifting executory interests.

THE RULE AGAINST PERPETUITIES
Under the law,No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest
74. REVIEW TERMS 4
EQUITABLE CONVERSION
Under the law, where there is a specifically enforceable contract for the sale of land, the buyer holds equitable title to the land and the seller holds legal title in trust for the buyer. A majority of states place the risk of loss for damage or destruction to the property on the buyer.The minority, including California, places the risk on the seller.If however the land sale contract contains a provision that states a risk of loss, the contract is controlling.

JOINT TENANCY
Under the law, a joint tenancy is where two or more people own a single, unified interest in real or personal property. Additionally, each joint tenant has the right of survivorship, each joint tenant is entitled to occupy the entire premises and each joint tenant has the right to an equal share of the property.

TENANCY IN COMMON
Under the law, a tenancy in common is where two or more people have a separate and undivided interest in real or personal property.Additionally, there is no right of survivorship between tenants in common and each tenant in common has unequal shares of the property interest unless there is a rebuttable presumption of equality.

TENANCY BY ENTIRETY
Under common law, any conveyance to two or more persons who were husband and wife resulted automatically in a tenancy by the entirety.Additionally, the tenancy by entirety is not subject to severance and is only terminated upon divorce.
75. REVIEW TERMS 5
RELATIONS BY CO-TENANTS
Regardless of the form of the co-tenancy, each co tenant has the right to occupy the entire premise unless there is an agreement stating otherwise.Additionally, if the property is solely occupied by one of the co-tenants, he normally has no duty to account for the value of his exclusive possession unless the occupying tenant has ousted the other tenant or there is depletion in the land.
76. REVIEW OF TERMS 6
THERE ARE FOUR TYPES OF LANDLORD TENANT RELATIONSHIPS
(1)THE TENANCY FOR YEARS; (2) THE PERIODIC TENANCY; (3) THE TENANCY AT WILL; AND (4) THE TENANCY AT SUFFERANCE.
UNDER COMMON LAW ANY CONTRACT FOR LONGER THAN 3 YEARS NEEDS TO BE IN WRITING
MODERNLY, ANY CONTRACT FOR ONE YEAR OR LONGER MUST BE IN WRITING TO MEET THE STATUTE OF FRAUD REQUIREMENTS
77. REVIEW OF TERMS 7
THE TENANCY FOR YEARS
Under the law, most leases are considered tenancy for years which is an estate which is for a fixed period of time. There is a fixed start date and a fixed end date upon which the estate will terminate without warning.

THE PERIODIC TENANCY
Under the law, the periodic tenancy is one which continues from one period to the next automatically, unless either party terminates it at the end of a period by notice.Under common law the terminating party had to give a 6 month notice for a year to year contract.Modernly, the requirement is 30 days.

THE TENANCY AT WILL
Under the law, a tenancy at will is a tenancy which has no stated duration and which may be terminated by either part at any time without giving any notice

THE TENANCY AT SUFFERANCE
Under the law, there is only one situation where the tenancy at sufferance exists and this is where a tenant holds over at the end of the lease giving the landlord the option to: (1) evict the tenant;or(2) hold the tenant to another term creating a periodic tenancy and notice to terminate will have to be given.
78. REVIEW OF TERMS 8
TENANTS RIGHT OF POSSESSION
The American view is that the landlord only has a duty to deliver legal possession and not actual possession
The English view is that the landlord DOES have the duty to deliver actual possession. T has the right to terminate the lease and recover damages for the breach if the prior tenant holds over and the landlord does not oust him. OR T can continue to lease and get damages for the period until the prior tenant is removed.
79. END OF PROPERTY LAW
THIS IS A BRIEFOF PROPERTY LAW TERMS AND DEFINITIONS AS WELL AS SOME OF THE RULES
IT IS GENERALLY BASED ON COMMON LAW AS IT IS INTENDED FOR THOSE WHO WANT TO LEARN THE LAW OF THE LAND
FOR MORE IN DEPTH LAWS, PLEASE SEEK OUT YOUR STATE PROPERTY LAW STATUTES WHICH ARE BASED ON WHAT YOU HAVE JUST READ
SOURCE:Emanuel, S.L (2004) Property Law Aspen Publishers, NY