C. 9 - Private Land Use and Planning

Question 1

The servitude

Answer 1

Restatement merging of the easement, real covenant, and equitable servitude.

Question 2

The servitude

Answer 2

Restatement merging of the easement, real covenant, and equitable servitude.

Question 3

Easement

Answer 3

non-possessory grant for use for a particular purpose

• usually adjacent land where one side serves and is burdened by the other
• subservient and dominant tenement

Question 4

Easement

Answer 4

non-possessory grant for use for a particular purpose

• usually adjacent land where one side serves and is burdened by the other
• subservient and dominant tenement

Question 5

License

Answer 5

Doesn’t imply interest in land, mere personal privilege to commit some act or series of acts on the land of another w/o possessing any estate therein

Question 6

License

Answer 6

Doesn’t imply interest in land, mere personal privilege to commit some act or series of acts on the land of another w/o possessing any estate. Revocable at anytime.

Question 7

License

Answer 7

Doesn’t imply interest in land, mere personal privilege to commit some act or series of acts on the land of another w/o possessing any estate. Revocable at anytime.

Question 8

Easement for Profit

Answer 8

Right to enter the land of another to remove minerals, gravel, timber, game or other natural resources.

Question 9

Prescriptive Easement

Answer 9

arises from long-term use of another’s land based on factors similar to those required for adverse possession.

Question 10

Prescriptive Easement

Answer 10

arises from long-term use of another’s land based on factors similar to those required for adverse possession.

Question 11

Ingress - Egress

Answer 11

rights of a person (such as a lessee) to enter, leave, and return to a property, respectively

Question 12

Ingress - Egress

Answer 12

rights of a person (such as a lessee) to enter, leave, and return to a property, respectively

Question 13

Strict necessity

Answer 13

owner has no legal right of access to her land. Thus, surrounded by privately owned land and doesn’t have right to cross land to access public road.

Question 14

Reasonable Necessity

Answer 14

the easement must be beneficial or convenient for the use of the dominant parcel, but not absolutely necessary

Question 15

Reasonable Necessity

Answer 15

the easement must be beneficial or convenient for the use of the dominant parcel, but not absolutely necessary

Question 16

“Berge” Necessity

Answer 16

“Lack of reasonably practical access”

Question 17

“Berge” Necessity

Answer 17

“Lack of reasonably practical access”

Question 18

Expectancy Interest

Answer 18

Acquire title to thing by fact of long time use giving rise to P rights

Question 19

Expectancy Interest

Answer 19

Acquire title to thing by fact of long time use giving rise to P rights

Question 20

Public Trust Doctrine

Answer 20

provides that navigable waters and certain related lands belong to the government as a trustee for the beneit of the public

Question 21

Public Trust Doctrine

Answer 21

provides that navigable waters and certain related lands belong to the government as a trustee for the benefit of the public

Question 22

Public Trust Doctrine

Answer 22

provides that navigable waters and certain related lands belong to the government as a trustee for the benefit of the public. If gov sells to private party, the land is still subject to public access.

Question 23

Public Trust Doctrine

Answer 23

provides that navigable waters and certain related lands belong to the government as a trustee for the benefit of the public. If gov sells to private party, the land is still subject to public access.

Question 24

CC&R

Answer 24

Covenants, conditions and restrictions

Question 25

CC&R

Answer 25

Covenants, conditions and restrictions

Question 26

Covenant

Answer 26

Usually a restriction to full use

Question 27

Touch and Concern

Answer 27

A promise to do or refrain from doing a physical act upon the land, such as restricting height, size, or location of structures

Question 28

Touch and Concern

Answer 28

A promise to do or refrain from doing a physical act upon the land, such as restricting height, size, or location of structures

Question 29

Real covenant

Answer 29

a promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors

Question 30

What are the two real covenant sides?

Answer 30

Burden and benefit

Question 31

Burden

Answer 31

Duty to perform the promise

Question 32

Benefit

Answer 32

The right to enforce the promise

Question 33

Benefit

Answer 33

The right to enforce the promise

Question 34

Declaration

Answer 34

A written instrument that typically creates a common interest community (CIC)