TITLE 55 PROPERTY IN GENERAL
CHAPTER 2 ESTATES IN REAL PROPERTY
TERMINATION OF TENANCY AT WILL.
A tenancy or other estate at will, however created, may be
terminated by the landlord's giving notice in writing to the tenant,
in the manner prescribed by the Code of Civil Procedure, to remove
from the premises within a period of not less than one (1) month, to
be specified in the notice. Title 55, Chap. 2, §55-208
TERMINATION OF TENANCY AT WILL -- RIGHTS OF LANDLORD.
After such notice has been served, and the period specified by
such notice has expired, but not before, the landlord may reenter,
or proceed according to law to recover possession. Title 55,
Chap. 2, §55-209
RIGHT OF REENTRY.
Whenever the right of reentry is given to a grantor or a lessor
in any grant or lease, or otherwise, such reentry may be made at any
time after the right has accrued, upon three (3) days' notice, as
provided in the Code of Civil Procedure. Title 55, Chap. 2, §55-210
SUMMARY PROCEEDINGS -- WHERE PROVIDED FOR.
Summary proceedings for obtaining possession of real property
forcibly entered, or forcibly and unlawfully detained, are provided
for in the Code of Civil Procedure. Title 55, Chap. 2, §55-211
ACTION FOR REAL PROPERTY -- NOTICE UNNECESSARY.CHAPTER 3 RIGHTS AND OBLIGATIONS OF OWNERS
An action for the possession of real property, leased or
granted, with a right of reentry, may be maintained at any time, in
the district court, after the right to
reenter has accrued, without notice. Title 55, Chap. 2, §55-212
RIGHTS OF GRANTEES AGAINST GRANTOR'S TENANTS.
A person to whom any real property is transferred or devised,
upon which rent has been reserved or to whom such rent is
transferred, is entitled to the same remedies for recovery of rent,
for nonperformance of any of the terms of the lease, or for any
waste or cause of forfeiture, as his grantor or devisor might have
had. Title 55, Chap. 2, §55-301
REMEDIES OF LESSOR AGAINST LESSEE'S ASSIGNEE.
Whatever remedies the lessor of any real property has against
his immediate lessee for the breach of any agreement in the lease,
or for recovery of the possession, he has against the assignees of
the lessee, for any cause of action accruing while they are such
assignees, except where the assignment is made by way of security
for a loan, and is not accompanied by possession of the premises.
Title 55, Chap. 2, §55-302
REMEDIES OF LESSEE AGAINST LESSOR'S ASSIGNEE.
Whatever remedies the lessee of any real property may have
against his immediate lessor, for the breach of any agreement in the
lease, he may have against the assigns of the lessor, and the
assigns of the lessee may have against the lessor and his assigns,
except upon covenants against encumbrances or relating to the title
or possession of the premises. Title 55, Chap. 2, §55-303
RECOVERY OF RENT ON LEASE FOR LIFE.
Rent due upon a lease for life may be recovered in the same
manner as upon a lease for years. Title 55, Chap. 2, §55-304
RENT ON LEASE FOR LIFE -- RECOVERY AFTER DEATH.
Rent dependent on the life of a person may be recovered after as
well as before his death. Title 55, Chap. 2, §55-305
ACTION BY REVERSIONERS.
A person having an estate in fee, in remainder or reversion, may
maintain an action for any injury done to the inheritance,
notwithstanding an intervening estate for life or years, and
although, after its commission, his estate is transferred, and he
has no interest in the property at the commencement of the action.
Title 55, Chap. 2, §55-306
CHANGE IN TERMS OF LEASE -- NOTICE.
(1) In all leases of lands or tenements, or of any interest
therein from month to month, the landlord may, upon giving notice in
writing at least fifteen (15) days before the expiration of the
month, change the terms of the lease, to take effect at the
expiration of the month. The notice, when served upon the tenant,
shall of itself operate and be effectual to create and establish, as
a part of the lease, the terms, rent and conditions specified in the
notice, if the tenant shall continue to hold the premises after the
expiration of the month.
(2) A local governmental unit shall not enact,
maintain, or enforce an ordinance or resolution that would have the
effect of controlling the amount of rent charged for leasing private
residential property. This provision does not impair the right of
any local governmental unit to manage and control residential
property in which the local governmental unit has a property
interest. Title 55, Chap. 2, §55-307
REMOVAL OF FIXTURES BY TENANT.
A tenant may remove from the demised premises, any time during
the continuance of his term, anything affixed thereto for the
purposes of trade, manufacture, ornament or domestic use, if the
removal can be effected without injury to the premises, unless the
thing has, by the manner in which it is affixed, become an integral
part of the premises. Title 55, Chap. 2, §55-308
OWNERSHIP OF STREET BY ABUTTER.
An owner of land bounded by a road or street is presumed to own
to the center of the way, but the contrary may be shown. Title 55,
Chap. 2, §55-309
RIGHT TO LATERAL AND SUBJACENT SUPPORT.
Each coterminous owner is entitled to the lateral and subjacent
support which his land receives from the adjacent land, subject to
the right of the owner of the adjoining land to make proper and
usual excavations on the same for purposes of
construction, on using ordinary care and skill, and taking
reasonable precautions to sustain the land of the other, and giving
previous reasonable notice to the other of his intention to make
such excavation. Title 55, Chap. 2, §55-310
DUTIES OF TENANT FOR LIFE.
The owner of a life estate must keep the buildings and fences in
repair from ordinary waste, and must pay the taxes and other annual
charges, and a just proportion of extraordinary assessments
benefiting the whole inheritance. Title 55, Chap. 2, §55-311
MONUMENTS AND FENCES.
Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them.
2. The fences between them, unless one of them chooses
to let his land lie without fencing, in which case, if he afterward
incloses it, he must refund to the other the just proportion of the
value, at that time, of any division fence made by the latter.
Title 55, Chap. 2, §55-312
RELOCATION OF ACCESS.
Where, for motor vehicle travel, any access which is less than a
public dedication, has heretofore been or may hereafter be,
constructed across private lands, the person or persons owning or
controlling the private lands shall have the right at their own
expense to change such access to any other part of the private
lands, but such change must be made in such a manner as not to
obstruct motor vehicle travel, or to otherwise injure any person or
persons using or interested in such access. Title 55, Chap. 2, §55-313
Help? Visit our free online discussion