Disputes About the Use of Land

Question 1

When can a real covenant be terminated?

Answer 1

In the same manner as an easement, including abandonment

Question 2

What is a fixture?

Answer 2

a tangible personal property that is attached to real property in such a manner that it is treated as part of the realty AND used for some larger component or function of the land

Question 3

Does fixture automatically transfer with the land?

Answer 3

Yes, unless the conveying instrument provides otherwise.

Question 4

What is the Doctrine of Ancient Lights?

Answer 4

Old law that enabled landowners to protect their right to light. It is REJECTED today. Can only restrict blockage through statute or negative easement

Question 5

When is the owner of mineral rights liable for damage caused to improvements by mining activities?

Answer 5

strictly liable if:
- building was built before the mineral rights were conveyed AND
- the damage would have occurred in the land’s natural state

negligence if: building was built after the mineral rights were conveyed