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Fee tail:
*FL has abolished fee tail: Any attempt to create it will result in a life estate in the first taker with remainder per stirpes to his lineal descendants. If there are no lineal descendants, then to any other remainderman. If there are no remainderman, then property reverts back to grantors and his heirs
Rule Against Perpetuities:
Rule Against Perpetuities (RAP) in *FL has 360 alternate vesting period.
Tenant and Landlord:
*FL adopted Uniform Residential Landlord Tenant Act (URLTA). For nonresidential leases, *FL statutes make no distinction between a tenancy at will and a periodic tenancy
Joint Tenancy:
To create a joint tenancy, the interests of joint tenants must be equal in time, title, interest, and possession
Creation of Easements:
Easements can be created expressly or impliedly.
*FL recognizes a condominium as a form of ownership in real property. A condominium owner may claim the homestead tax exemption, and it qualifies for homestead exemption. Developers must provide disclosures, descriptions of condo units and common areas, estimated costs of owning and purchasing a condominium, and a FAQ sheet
Life estates by marital right:
*FL has implemented an elective share provision permitting the surviving spouse to elect to take an amount equal to 30% of the total fair market value of the elective estate on the date of death. If such an election is made, testamentary or intestate succession to the spouse is treated as if the spouse had predeceased the decedent
Doctrine of worthier title:
a) Where remainder in grantor’s heirs is invalid, grantor retains a reversion. b) *FL recognizes the doctrine of worthier title.
Adverse possession- Uninterrupted use for statutory period:
*FL requires the possessor to stay for at least 7 years without interruption.
Mortgage in title theory state:
*FL has adopted lien theory so there is no severance with mortgage.
*FL Concurrent Estates: Contribution
Contribution is available to tenant who purchases or extinguishes an outstanding lien or encumbrance for benefit of common estate, or pays more than his share of purchase price, or pays mutually owed taxes. Court may also order for repairs
Landlord & Tenant Law:
Applicable law: *FL adopted Uniform Residential Landlord Tenant Act (URLTA). For nonresidential leases, *FL statutes make no distinction between a tenancy at will and a periodic tenancy
Landlord & Tenant Termination:
Either landlord or tenant must give proper notice
Landlord & Tenant Termination: *FL time limit for proper notice
(a) Year to year: No less than 60 days prior to end of annual period. (b) Quarter to quarter: No less than 30 days notice. (c) Month to month: No less than 15 days notice. (d) Week to week: No less than 7 days notice prior to end of week.
Landlord & Tenant Notice Requirement
In *FL, to terminate a residential tenancy based on T's material noncompliance w/ duties created by lease or by residential L & T statute, the L must give notice by "mail or delivery of a true copy thereof or, if T is absent from his last or usual place of residence, by leaving a copy thereof at residence."
Nonresidential tenancy at will:
In *FL, a nonresidential tenancy with periodic rent payments & no fixed termination date is labeled as "tenancy at will". This label is also used for all leases not in writing & signed by lessor.
Hold Over Doctrine/ EVICTION:
Hold over eviction: *FL does not allow forcible entry: L may retake premises only through action for possession filed in county court. *FL allows for the collection of double rent when a tenant holds over after expiration of the lease.
Lease covenants: Allowing L to terminate lease for non-payment of rent
In *FL, The landlord may terminate the rental agreement for noncompliance by the tenant, and vice versa. In either case, termination is not allowed under a residential lease until 7 days following written notice of the noncompliance. If the tenant fails to pay rent when due, the landlord may terminate the agreement 3 days after written demand for payment of the rent or possession of the premises.
REPAIR - Tenant’s Duty:
In *FL, T has no duty to make repairs, with the exception that plumbing in a residence must be kept in repair. However, a contradictory statute makes the landlord also responsible for plumbing repairs
REPAIR - Landlord’s Duty:
In *FL, landlord usually has a duty to repair. However, the landlord's obligation to make repairs under a residential lease may be altered or modified only in a lease involving a single-family dwelling or a duplex, not where multiple dwelling units are concerned.
Security Deposits - Landlord’s duty
Landlord has 15 days to return tenant’s deposit and interest or 30 days notice of intent to claim on deposit, otherwise he forfeits to claim
L - Duty to put T in Possession:
*FL recognizes the landlord’s duty to deliver physical possession of the premises. If the landlord fails to deliver possession, the tenant may maintain an action for breach of an express or implied covenant
L - Duty to provide quiet enjoyment:
In *FL, T may terminate the agreement if premises are destroyed or damaged "so that enjoyment of premises is substantially impaired."
Implied warranty of habitability:
*FL follows the majority rule, where a landlord has a duty to reasonably inspect the premises for habitability. In addition, there is a statutory duty to maintain residential premises
Tort liability of landlord - breach of his covenant to repair
landlord is liable for consequential damages for breach of his covenant to repair.
Tort liability of L to business invitees & social guests or invitees
By judicial decision, *FL has abolished distinction between business invitees & social guests or invitees. Both categories are considered "licensees by invitation" to whom the landowner owes a duty of reasonable care.
Easement in gross:
Right to use servient tenement independent of its possession of another tract of land. *FL courts rule that easements in gross are never transferable, even where the easement in gross is for strictly commercial purposes. Easements in gross are considered personal to the original holder.
*FL adversely possessed land under color of title
written instrument or judgment, adequately describe property, and be recorded in official county records
*FL Adverse Possession claimed without color,
Possessor must, within 1yr of possession have made return of property by proper legal description to county appraiser & paid annual taxes & must do either of the following to possess: (i) Enclose property. (ii) Cultivate or improve.
Tenancy by the Entirety
*FL: a) Tenancy by the entirety is presumed if co-owners are married when the estate is created. b) Tenancy by the entirety may be created with a direct conveyance between spouses.
EASEMENTS - Creation:
Easements can be created expressly or impliedly.
EASEMENTS - Implication: 3 types
(1) Easement implied from existing use (quasi-easement)(2) Easement implied without any existing use:(3) Acquisitive prescription:
Easement by necessity
It arises when a landowner sells a portion of his tract and, by this division, deprives one lot of access to a public road.
Easement Implied - *FL recognizes CL rule of an implied grant of a way of necessity
an implied grant or easement exists where there is no other reasonable way of entrance or exit and the easement is necessary for the beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unity of title exists from a common source
Easement Statutory
*FL Public policy - a statutory easement exists under when any land outside any municipality used for dwelling or agricultural purposes is shut off or hemmed in by lands, fencing, or other improvements & reasonable route of entrance or exit is available. This statutory easement of necessity arises regardless of whether a unity of title exists from a common source. The owner of property on which easement is imposed is entitled to compensation for imposition of statutory easement
Acquisitive prescription
To acquire an easement by acquisitive prescription, the use must be: (i) Open and notorious: It is discoverable upon inspection, (ii) Adverse: Use is without the owner's permission, (iii) Continuous and uninterrupted, and (iv) For a period set by statute or common law: The *FL common law period of limitation for prescriptive easements is 20 years.
Covenants: Real Covenants
Covenants running with the land at law is a written promise to do something on the land or a promise not to do something. a) It is normally found in a deed. b) Subsequent owners may enforce or be burdened by the covenants. c) Acceptance of a deed signed only by grantor is sufficient to bind the grantee
*FL homeowner's association cannot enforce restrictive covenant unless association is a successor to developer's right of enforcement or covenant was expressly created for its benefit. While the individual property owners have standing to enforce such covenants, association does not have standing to sue as their representative
Covenants: Equitable servitudes
Covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant. a) Crucial difference between real covenants and equitable servitudes is the remedy sought: If money damages are sought, use real covenant analysis. If injunction sought, use equitable servitude analysis. b) A single promise can create both a real covenant and an equitable servitude
Fraud misrepresentation:
(b) In *FL, the buyer is not required to investigate the seller's statements to determine whether they are misrepresentations unless the falsity is known or obvious.
Failure to disclose:
*FL Supreme Court has held that a seller of new or used real property has an affirmative duty to disclose facts materially affecting the value of the property that are not readily observable or known to a purchaser.
DEEDS: transfers
title to an interest in real property.
DEEDS: valid deed
a) In writing: *FL requires that real estate may only be conveyed by a written instrument signed in the presence of two subscribing witnesses. This requirement applies to all conveyances by any type of instrument of any interest greater than one year. b) Signed by grantor, and c) Reasonably identify parties and land: Deed is valid if name of grantee is left blank, but deed is invalid if land description is left blank unless grantee was explicitly given authority to fill in description.
*FL statute has been construed to protect lien and judgment creditors and subsequent purchasers without notice. *FL’s judgment lien statute provides for a 7-year lien.
Contract purchasers:
*FL CL follows “lien rule” to extent of agreeing that after a purchaser claiming solely through an executory contract of purchase & sale of land is not a bona fide purchaser entitled to protection. The cases have not settled whether the contract purchaser obtains a lien on the property.
*FL Merchantable title act:
1. The Act bars defects before the root of title that are at least 30 years back. 2. However, plat restrictions are not extinguished by the Act when: a) Plat restrictions were created prior to the root of title, b) The monuments of title in the chain of title describe the property by a legal description that makes reference to the plat, and c) The monuments of title state that the conveyance is given subject to covenants and restrictions of record.
Inquiry notice:
*FL statute protects creditors or subsequent purchasers who have paid a valuable consideration and who have not received notice of any prior conveyance. The statute does not contain a good faith requirement. However, a diligent inquiry of any unrecorded transaction referred to in a recorded instrument is required by case law.
Devisee of specific property is entitled to have land "exonerated" by the payment of liens and mortgages from testator's residuary estate. In *FL, liens on specifically devised property are not exonerated unless the will specifically directs that they be exonerated.
Title to the land and buildings is held by a corporation that leases individual apartments to its shareholders. *FL recognizes the "cooperative" ownership of real property. The Cooperative Act closely parallels the Condominium Act as to rights and obligations of unit owners and developers
Each owner owns the interior of his individual unit plus an undivided interest in the exterior and common areas. *FL recognizes a condominium as a form of ownership in real property. A condominium owner may claim the homestead tax exemption
Condominium Act
2. *FL has passed comprehensive legislation dealing with the creation, sale, and operation of condominiums known as the Condominium Act. a) Restriction on where created: A condominium may be created on land held in fee simple or under a lease having an unexpired term of 50 years or more. b) Condominiums are created by recording a declaration in the county where the land is located.
*FL Division of Land Sales, Condominiums and Mobile Homes
Mandatory arbitration of disputes
*FL Time-Sharing Act
Time-shares: Time-Sharing Act. a) It applies to all time-share plans in *FL consisting of more than 7 time-share periods over a period of at least 3 years. b) The offering and sale of time-share plans outside the jurisdictional limits of the United States are exempt from regulation under *FL law, provided the purchase contract contains a conspicuous paragraph notifying the purchaser of this fact.
*FL Environmental Land and Water Management Act
Environmental restrictions on land use: The Act sets forth procedural methods for guiding the development of land in areas of the state that are designated as areas of critical state concern.
Zoning: refers to statutes that reasonably control use of land for protection of health, safety, morals, & welfare of its citizens. Nonconforming use:
a) General rule: A use that exists at the time of passage of a zoning act that does not conform to the statute cannot be eliminated at once. b) *FL does not have a statute providing for the amortization of nonconforming uses. Such decisions are made at the local level.
Constitutional issues: Inordinate burden
In *FL, when governmental action affecting property does not rise to the level of a taking under the Constitution, but inordinately burdens an existing use of real property or a vested right to a specific use of real property. The property owner is entitled to relief. Inordinate burden: Real property is inordinately burdened if the government action has directly restricted the use of it such that the property owner is either permanently unable to attain the reasonable expectation for the existing use the property, or left with existing or vested uses that are unreasonable in that the property owner permanently bears a disproportionate share of a burden imposed for the public good, which in fairness should be borne by the public at large

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