27 Oct Covina Manor Inc. v

Part 1. Study the case of Covina Manor Inc. v. Hatch and answer the following questions. 1. What is the difference between a license and a tenancy at will? 2. What is the test announced by the Court for determining whether certain use of real estate is a license or a lease? 3. What was the rent in Hatch’s leasehold with Covina? Do not say there was no rent. There had to be rent, even if it is not in the form of money. 4. Study the shortened version of the facts in Covina v. Hatch: While Hatch was employed by Covina, he was given oral permission to occupy one of Covina’s houses. Upon termination of their employment relationship, Covina demanded possession of the premises, served a three-day notice to quit or pay rent, and instigated an unlawful detainer action. Write an lRAC-paragraph analyzing the issue of tenancy at will answering the question as to whether a 30-day notice was required to terminate the tenancy. The answers depends on the establishment of a tenancy at will. The sequence to establish tenancy at will is: 1) who were the parties? 2) was there rent and if so what was the rent? 3) was there tenancy at will and if so is 30-day notice required? Discuss this sequence in the analysis part of the IRAC-paragraph. DO NOT USE SUBHEADINGS. Part 2. Study the classification of estates on pages 219-203 and provide a granting clause for each type of estate listed below. Do not define each estate. Write it behind each dash. For example: Fee simple subject to condition subsequent – Tom grants to Nancy 3928 Jeopardy Drive, San Diego, CA 92101, so long as the property is used as a library, but if it is used for any other purpose, then back to Tom. Fee simple absolute — Fee simple defeasible – Fee simple subject to condition subsequent – Life estate – Life estate pur autre vie (literally means " for the life of another, " e.g., 0 to A for the life of B) – Contingent life estate –