Glossary of Mass Property Distinction
Other Decks By This User
- Does the fee tail exist in MA?
- Yes – but the entail may be destroyed by conveying a fee simple interest in the property rather than the life interest that the grantor, strictly speaking, owns.
(Contrary to Mick Jagger rule)
- What special things happen with a fee simple determinable and a fee simple subject to a condition subsequent?
- If the specified contingency does not occur w/in 30 years from the date the defeasible fee becomes possessory, these turn into fee simple absolutes.
If you don’t get home by midnight, your property will turn into a pumpkin!
- Tell me about Dower and Curtesy in MA?
- Option of 1/3 LE of all real property owned by spouse at death - filed w/in 6 mo of death.
Instead of election or will
- What happens if a conveyance violates the RAP in MA?
- Interest Created Before 6/30/90 – Cy pres
Interest Created After 6/30/90 – USRAP or Cy Pres
- How is a tenancy by the entirety created in MA?
- Creation of a TBE requires an express statement that a TBE is being created. Creation of a joint tenancy also requires express language. Thus, a conveyance to a husband and wife w/o other language creates a tenancy in common.
- Can a spouse encumber his/her part of a tenancy by the entirety without destroying the tenancy in MA? How will it interact with the other spouse’s interest?
- Spouse can encumber w/o permission of other Tenant.
Survivor takes free of interest.
- Can a creditor seize property held by the TBE in MA?
- Creditor can attach, not seize if spouse occupies
Both spouses jointly/severally liable for necessities
- How are tenancies at will terminated?
- Either party w/ 3 mo written notice
or equal to interval if less than 3 mo. periods
Or 30 days notice period less than a month.
- Can you summarize how tenancies are terminated?
- TAW > 3 month rental period = 3 month notice
TAW < 3 month rental period = notice equal to rental period
TAW < 30 day period = 30 days notice
TAY = terminate at term
- What happens when someone refuses to pay rent?
- 1. Terminate w/ 14 days written notice unless
2. rent tendered w/in 10 days of receiving notice AND
3. No other notices in past year
Tenancy can be terminated by 14 days notice to quit in writing, in the form prescribed by statute, unless tenant tenders full amount of rent due w/in 10 days of receipt thereof and has not received another notice w/in 12 months next preceding receipt of such notice.
- What about holdover tenants in MA can I change the locks? Can I bring an action for trespass?
- evicted only through judicial, summary process and not through an action for ejectment or trespass.
- I’m renting a room in a boarding house. How can the landlord evict me here?
- 7 days notice if:
1. Rent is payable weekly/daily AND
2. Damaging unit/creating nuisance
- The landlord evicted me without process, what can I get from him?
- Triple damages or 3 months rent, plus atty’s fees.
- Can the landlord change the locks if I’m running a brothel out of my house?
- Since 1995, self-help evictions are no longer permitted when the T’s use of the premises constitutes a public nuisance b/c of its use for prostitution, assignation, lewdness, illegal gambling, or the drug/alcohol running. Instead, the owner may seek to expeditiously recover possession of the premises.
- I’m over 60 and/or handicapped and about to be evicted. Can I get some relief from the court?
- The court can stay the execution of eviction of a handicapped person or > 60 person for up to 12 months.
- How do we determine whether it’s a lease or a license?
- Intent and control
Look to intent. To determine whether a tenancy is created in situations where a buyer occupies early, an employee is supplied accommodations, or a tenant shares the premises w/ a roommate not on the lease, the courts look to the extent the occupant had control of the premises.
- What recording requirements are there for leases?
- Record leases over 7 years OR
Aren't valid except against G, heirs, devises, and actual notice
- Can I have a provision in the lease that terminates it if the tenant has children?
- These are generally void. Exceptions:
1. 2 or 3-family + elderly/infirm + hardship
2. Temp leasing in owner-occupied
3. Owner-occupied 2-family
- When can a residential tenant withhold rent?
- 1. When a violation of minimum standards of human habitation
2. Advance notice of withholding rent given to landlord
3. conditions may endanger health/safety of tenants.
VNE (Violation, Notice, Endanger)
- When can a commercial tenant withhold rent?
If they do have a right to withhold rent, it’s not for a violation of the warranty of fitness or habitability.
- My neighbor’s selling crack in the hallway between our apartments, are my warranties breached?
- Illegality in common areas.
Breaches warranty of quiet enjoyment
Does not breach warranty of habitability
- When is there a presumption that an eviction is retaliatory?
- If the eviction is w/in 6 months of a tenant complaint or valid withholding of rent.
- When can a landlord be held liable in tort?
- Liable for any unsafe condition not caused by tenant where he has written notice
- What is a landlord’s responsibility for lead paint?
- Whenever a child < 6 lives in any premises containing lead paint or other lead-containing structural materials, the owner must contain or remove the lead and failure =strict liability for damages to child resulting from lead.
- My lease says the landlord can enter the premises for any reason, is this legal?
- No – a lease may not allow a lessor to enter except to inspect, make repairs, or show property to prospective tenants.
The lessor may enter the property if it appears that it was abandoned, or to inspect during the last 30 days of the lease period.
- What can a lessor charge as an initial fee for an apartment?
- First and last month's rent
Security Deposit = one months rent
- My lease has a clause waiving jury trials. Okay?
- No - void against public policy
- What can happen to a landlord who fails to do what landlords are required to do?
What things are good for getting these sanctions?
- Fine or imprisonment for:
1. Intentional failure to provide essentials (heat, light, etc.)
2. Attempting self-help eviction
3. Willful interference w/ quiet enjoyment
EISE (Essentials, Interference, Self-help Eviction)
- My residential lease says the landlord doesn't have to provide heat. Okay?
- No - obligations to provide essential cannot be waived in a lease
- What happens when a public road is abandoned?
- No private easement unless facts support it under necessity, prescription, grant.
- I've got a private way into my land and I've recorded my rights in that way. What additional does that allow me to do?
- Put utilities on an through that way as long as don't obstruct or interfere w/ existing use.
- Have the hippies imposed their way on restrictive covenants?
Covenants to prevent solar power
Covenants to prevent community residences for disabled people
- What happens to conditions that are perpetual?
- End in 30 years unless charitable or rerecorded.
- Can I get an equitable servitude from a common scheme?
- No - SOF is strictly applied in MA so no equitable servitudes from common schemes.
- Who can enforce a restriction?
- Only someone who would get an actual and substantial benefit from the restriction
- Adverse possession period?
- 20 years
- What happens if I leave the property I'm adversely possessing for a few weeks?
- No AP!
Continuous use is strictly interpreted - 3 weeks is enough to kill an AP
- What land can I not adversely possess?
- Registered land
- How do I AP wild or woodland?
- Enclose and reduce it to cultivation
- Who has the risk of loss after sale of real property but before delivery?
- The party in possession.
No equitable conversion of title.
Exception only if damages are minimal - buyer must still buy and get damages in equity
- What must a deed contain in MA?
- Full Name, Residence and Post Office Address of Grantee
Recital of consideration
Adequate description of property
GCP (Grantee, Consideration, Property)
If any missing - conveyance void.
- What weight do I give to the various ways of describing property?
- 1. Monuments
Plan beats all
My Cat Dances (Monuments, Courses, Distances)
- I bought a property that abuts a wall. What do I own of the wall?
- The fee the grantor had in the wall, unless he has land on the other side of it or he reserves it.
After 1972 - this applies to any land abutting a way, watercourse, wall, fence or other monument.
- What does recording do in MA?
- It is conclusive evidence of delivery of the deed.
- What do I need to know about the types of deeds in MA?
- The warranty deed carries the same guarantees as warranty deed in other jurisdictions.
The Special Warranty Deed is called a quitclaim in MA.
The Quitclaim is called a release deed.
- What type of registration system does MA follow?
- What is registration?
- An alternate way of recording your land.
- What is the purpose of registration?
- 1. Impregnable title
2. Permanent/complete record of exact status of title w/ all liens etc.
3. Protects against all claims not on the book
Ipod PC U (Impregnable, Permanent/Complete record, Unrecorded claims void)
- How does one register land?
- 1. File petition w/ Land court
2. Court-ordered examiner researchs title
3. notice given to interested parties
Publius Redux Needs Help (Petition, Research, Notice, Hearing)
- What does registration do to liens that aren't listed on the certificate of title?
- It kills them!
- Are defects in the deed cured by time? How long?
- They're cured once the deeds are on record for 10 years unless proceeding begun about defect.
- What water rights?
- Riparian doctrine, but great ponds (>= 10 acres) are avaialbe for use by the general public, not just riparian landowners.
- How does MA control surface water?
- Reasonable use theory
- What do oceanfront properties own?
- Down to the low water mark
subject to public's right to hunt, fish, fowl and navigate b/w the high water mark and low water mark.
- How do I create a condo?
- Record a master deed at the registry of deeds.
1. Intent to condo
2. Describe land
3. Describe bldg. # of units, each unit % of ownership,
4. Method of amendment
5. Name management entity
I Down Loaded Dan Brown's Album Manager (Intent, Describe Land, Describe Building, Amendment, Management)
- What happens if condo fees are unpaid?
- Super priority lien on condo for up to 6 months of fees - takes priority over everything but fed tax liens.
- Can condo members partition?
- Yes - condo members own common areas as TIC.
Partition if 75% of condo members agree
- What is homestead?
- Recorded w/ registry - protects against various stuff
One home occupied as principal residence can be recorded as estate of homestead w/ registry of deeds.
Makes it exempt from various stuff - conveyance, descent, devise, attachment, levy on execution, sale ofr payment of debts, etc.
- How is a homestead terminated
1. a deed from the owners
2. Release recorded at registry
- What can an elderly person do w/ homesteads?
- 62+ or disabled can acquire an estate of homestead up to $500k.
If more than one of above in household, each entitled to $500k protection.
- What must a landlord do at the beginning of a lease when there's a security deposit?
- Written statement of conditions w/in 10 days tenancy.
- What must a landlord do with the security deposit during the tenancy?
- Hold it (and last month's rent) in a separate bank account and pay interest on it.
- What must happen at the end of a lease with the security deposit?
- Returned w/in 30 days after termination of the lease unless validly retained by LL
- There's a dangerous condition, the landlord knows about it. I want to withhold rent. Do I have to give him notice?
- No - if owner knew about condition, no notice required
Provided knowledge before rent stoppage and conditions not fixed
- What precautions can court take in a rent withholding case?
- Court can order:
1. Rent paid into court OR
2. appoint receiver to take care of rent and remedy condition.
- I've got a condition that lasted 45 years, it's been 30 years.
What do I do now?
How long will it last?
The condition will last 15 more year.
Rerecorded conditions last 20 years or to the end of the condition, whichever is shorter.
- How can a written lease be terminated for nonpayment of rent?
- 1. 14 days written notice
2. Unless rent, interest, costs tendered before answer due in action to recover possession.
- What are the damages for retaliatory eviction?
- If threats or reprisals, damages 1-3 mo. rent OR actual damages, whichever greater, and costs of suit + atty fees.
- Can you waive in the lease your right to avoid retaliatory eviction?
- No, this is void.
- Besides reporting a violation, is there any other thing covered by the prohibition on retaliatory eviction?
- Applies to joining a tenant’s union as well as for reporting code violations.
- The tort liability of a landlord for conditions he knew about and didn't fix, does this apply to commercial leases?
- The tort liability of a landlord for conditions he knew about and didn't fix, can the tenant waive that in his lease?
- No, waiver is void.
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