In her opposition to the Co-Owner’s motion to dismiss, Byrne contends that the Co-Owners may be liable to her because “a landlord has a duty to ‘take reasonable measures in view of the existing circumstances, to eliminate those conditions contributing to the criminal activity.” Byrne’s Opposition at p. 7 (quoting Evergreen Assocs., LLC v. Crawford, 214 Md. App. 179, 190 (2013) (quoting Rhaney v. Univ. of Md. E. Shore, 388 Md. 585, 599-600 (2005))). The trouble with this position, however, is that Byrne assumes—without support—that the Co-Owners are Byrne’s landlord. See Byrne’s Opposition at pp. 6, 7 (“Co-Owners’ . . . duties create a relationship that is for all intents and purposes a landlord-tenant relationship;” “Co-Owners had a …show more content…
Shafer, 374 Md. 317, 822 A.2d 423 (2003), Village Green Mutual Homes v. Randolph, 361 Md. 179, (2000), as well as any statutory authority.” McDaniel v. Baranowski, 419 Md. 560, 574 (2011). Consistent with Maryland authorities regarding the definition of a landlord, the Restatement (Second) of Property: Landlord and Tenant provides that “[a] landlord-tenant relationship exists only if the landlord transfers the right to possession of the leased property.” Restatement (Second) of Property: Landlord & Tenant § 1.2 (1997) (emphasis added). Indeed: In order to satisfy the possession requirement of the landlord-tenant relationship, the transferred interest in the leased property must be one that the owner is legally capable of possessing now or in the future. A nonpossessory interest in land that is incapable of ever becoming possessory, such as an easement, cannot be the subject matter of a landlord-tenant relationship, although it may be the subject matter of an arrangement that is similar in certain respects, such as its duration. Id. at cmt. a (emphasis added). Accordingly, a freehold estate possessed by a landlord (or perhaps even a possessory interest—in the case of a sublet) is a necessary condition to establish the existence of a landlord-tenant relationship. To illustrate: A is hired by the X Corporation as a permanent watchman for the corporation 's land and
• Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition.
The front page of the 2005 edition of the Contract for the Sale of Land (Standard Contract) deals with whether or not vacant possession will be provided on settlement. The Contract is either marked “vacant possession” or “subject to existing tenancy”. If no box is marked, then vacant possession is the default choice. Clause 17.1 of the Standard Contract provides that normally, the vendor must give the purchaser vacant possession of the property on completion.
Tenants by the entirety is a form of holding property that is specific to married couples. True
Throughout American history, the definition, allocation and protection of property rights has been one of the most controversial and combative issues. According to Armen and Demsetz (1973), “…a private property right includes the right to delegate, rent, or sell any portion of the rights by exchange or gift at whatever price the owner determines (provided someone is willing to pay that price). If person A is not allowed to buy some rights from Person B and Person B therefore is not allowed to
In this matter, the Co-Owners have no relationship with the Byrne. Of course, Byrne contends that the Co-Owners are “comprised of every person, firm or corporation which owns any condominium unit within the [complex],” and that the Co-Owners are responsible for “the care, upkeep and surveillance of all the buildings.” (Compl. ¶¶ 4, 10). Byrne, however, is not a person who “owns any condominium.” The only conduct alleged
In this case restrictions are only placed on rentals shorter than 30 days and requires the owner to reside in the house. Even with the limitations placed on Ms. Wilde the property still has value, such as selling the property or renting it longer than 30 days at a time. Justice Blackmun in dissenting in the Lucas case, states the “petitioner still can enjoy other attributes of ownership, such as the right to exclude others” (Lucas 1237). Because the property still has economic productivity, albeit with some regulation the ordinance does not invoke a taking.
Assuming, arguendo, that there was a special relationship between the Co-Owners and Hannon—there was not—Byrne fails to plead facts sufficient to show that the Co-Owners Owed Byrne a duty. Critically, the presence of a special relationship is merely a necessary, and not a sufficient, condition required to demonstrate the presence of a legally cognizable duty. In addition to a special relationship, Byrne must also plead facts sufficient to demonstrate that the probability of potential harm and the gravity of potential harm outweigh the burdens that would be required to reduce the risk of harm. Warr, 433 Md. at 182 (quoting Ashburn, 306 Md. at 627).
This entitles the owner to have full ownership of the land for disposal without limitation of selling or gifting, and if the owner dies it will become part of their estate. Although this type of ownership is unrestricted there are also certain obligations that need to be followed including general neighbouring commitments such as not interfering with neighbouring allotments and not creating nuisance, the Crown Grant have all reserved rights in possessing the land, restrictions of the land in use may be effected by expressed terms stated in the contract such as a restrictive covenant and restrictions through future planning and legislations may subside.
“Rent to own” is also known as rental-purchase. It is a legal transaction where onehas the option of choosing a piece of theirproperty such as appliances, home furniture, electronics, etc. and they can lease it in exchange for a weekly or monthly payment. What makes this kind of interesting at some point is that the individuals renting the place or the itemhave the option of eventually buying that specific property. In the traditional lease, we don’t have this option or rightso it offers the costumer a different kind of solution in order to benefit both parties especially those unfortunate people who have gone through foreclosure.
Joint Tenants simply means that you’re married or in a de-facto relationship with the person with whom you are buying the property. When you purchase in this structure, if one of the married couple passes away, the other half of the property would automatically be transferred to the surviving partner. This is the most common ownership structure
A lease involves a grant of the right of exclusive possession for a certain period of time as per Radaich v Smith where it was held that whether the transaction creates a lease or licence depends on the intention of the parties regarding what relationship the lessee shall have to the land. It does not matter whether the terms ‘licensee’ or ‘tenant’ are used, as it is a matter of substance rather than form. In the present case, there is an agreement that states the duration of the tenancy as being one year and the rent as $1000 per month. Thus certainty of duration is clearly stated. It is therefore a matter of whether the right of exclusive possession has been granted. Here the tenant is entitled to uninterrupted possession for the full
The Land Registration Act 2002 established three categories of third-party interests. One of these categories covers unregistered interests in land which are capable of overriding registered dispositions such as the purchase of freehold. Heidi’s circumstance would be relevant to this category as her interest is unregistered.
In the event where the landlord applies to fundamentally change the property or the planning e.g. seeks to carry out major refurbishments that would cause disruption to trade.
This is a Cross Lease Title which is a composite estate wherein there is a freehold and leasehold interest on the property.
1.2. The owners of the Units (“Owners”) and the Longabaugh Condominiums Association (“Association”) will decide together whether any of the circumstances mentioned in 1.1 (a-c) have been met.