C. 9 - Private Land Use and Planning Flashcards
The servitude
Restatement merging of the easement, real covenant, and equitable servitude.
The servitude
Restatement merging of the easement, real covenant, and equitable servitude.
Easement
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
Easement
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
License
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
License
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.
License
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.
Easement for Profit
Right to enter the land of another to remove minerals, gravel, timber, game or other natural resources.
Prescriptive Easement
arises from long-term use of another’s land based on factors similar to those required for adverse possession.
Prescriptive Easement
arises from long-term use of another’s land based on factors similar to those required for adverse possession.
Ingress - Egress
rights of a person (such as a lessee) to enter, leave, and return to a property, respectively
Ingress - Egress
rights of a person (such as a lessee) to enter, leave, and return to a property, respectively
Strict necessity
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.
Reasonable Necessity
the easement must be beneficial or convenient for the use of the dominant parcel, but not absolutely necessary
Reasonable Necessity
the easement must be beneficial or convenient for the use of the dominant parcel, but not absolutely necessary
“Berge” Necessity
“Lack of reasonably practical access”
“Berge” Necessity
“Lack of reasonably practical access”
Expectancy Interest
Acquire title to thing by fact of long time use giving rise to P rights
Expectancy Interest
Acquire title to thing by fact of long time use giving rise to P rights
Public Trust Doctrine
provides that navigable waters and certain related lands belong to the government as a trustee for the beneit of the public
Public Trust Doctrine
provides that navigable waters and certain related lands belong to the government as a trustee for the benefit of the public
Public Trust Doctrine
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.
Public Trust Doctrine
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.
CC&R
Covenants, conditions and restrictions
CC&R
Covenants, conditions and restrictions
Covenant
Usually a restriction to full use
Touch and Concern
A promise to do or refrain from doing a physical act upon the land, such as restricting height, size, or location of structures
Touch and Concern
A promise to do or refrain from doing a physical act upon the land, such as restricting height, size, or location of structures
Real covenant
a promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors
What are the two real covenant sides?
Burden and benefit
Burden
Duty to perform the promise
Benefit
The right to enforce the promise
Benefit
The right to enforce the promise
Declaration
A written instrument that typically creates a common interest community (CIC)
