Customary Rights

Question 1

Customary Rights provide an easement-like right to ______?

Answer 1

the public

Question 2

are they easement?

Answer 2

NO

Question 3

Why aren’t they easements?

Answer 3

Cant be created by conveyance

Question 4

So, which element of def. of easements is not satisfied?

Answer 4

The Fifth—-conveyance, conveyable

Question 5

Are they recognized in MA?

Answer 5

NO. Cuz most places belonged to the native americans

Question 6

In general, do we allow things to be conveyed to public?

Answer 6

NO. THATS why customary rights are NOT easements cuz PUBLic is the one who owns them.

Question 7

To establish a customary right there must be:

Answer 7

• have been a LONG & GENERAL USE of a servant estate
• have been EXERCISED W/OUT INTERRUPTION
• "”exercised w/out DISPUTE
• REASONABLE use of the type of land in question
• limited to a particular area of the land
• CONSENT of title holder was never required
• No other LAWS been violated by the use

Question 8

Customary rights are a minority view. True or false?

Answer 8

true

Question 9

State ex. re. Thornton v. Hay

Answer 9

r: the state has authority to restrict a property owner’s use of the dry-sand area of oceanfront real estate.
- dry sand area belonged to the public, property owners wanted put up fence, but was always traditionally used by public.

Question 10

Littoral Rights are having to do with what?

Answer 10

Ocean front estates

Question 11

Under majority rule, an owner of ocean front estate has title up to the mean ____ ______ ___?

Answer 11

high tide line.

Public/state owns the dry sand area

Question 12

Under minority rule owner has title to the ___ ___ ____?

Answer 12

LOW tide line

Question 13

Mass is majority or minority rule?

Answer 13

MINORITY. Low-tide line. Our plymouth bay colony compact w/king was for low tide. Public can use beach if wet/under water.