General non possessory interest

Question 1

Define Non Possessory Interest

Answer 1

Property you don’t have actual possession over but you have a right to it, such as a right to enjoy.

Question 2

What is a Usufruct Right?

Answer 2

Sunlight and Air

Question 3

What are riparian Rights?

Answer 3

Water rights

Question 4

What is an Estover?

Answer 4

Subject to necessity of use. Natural fruits of the land, not due to human cultivation. Once they are severed from the land they become personal property.

Question 5

What is an Emblement?

Answer 5

Cultivated crops on the land. Tenant has implied right to harvest. Once severed they become personal property.

Question 6

What are Profits?

Answer 6

Servitude

• legal interest in things on or under an owner’s land. Anything else naturally on or under land. Timber, oil, minerals
  1. Must be express
  2. Doctrine of Succession- later owner must have notice (actual, constructive, or inquiry)

Question 7

What is a License?

Answer 7

Servitude

• Revocable right to use or enter property.
  1. Can ripen into irrevocable license based on doctrine of estoppel (substantial reasonable reliance that must be enforced for just result)
  2. If coupled with property interest, not revocable for reasonable time to go back to retrieve chattel – (drinkin’) bar ejectment scenario
  3. Oral license OK, no statute of Frauds

Question 8

What is an Easement?

Answer 8

Servitude

• legal interest restricting the use and enjoyment of an owner’s land. Rights to do specific acts on land owned by someone else. Always runs w/ the land. Usually must be in writing and NOT revocable at will of owner. Can have implied easements.
  1. Affirmative: legal right to go on or through an owner’s land
  2. Negative: legal right to restrict owner’s use and enjoyment of owner’s land. Ex. You cannot build anything w/in 50 ft. of my land.

Question 9

What is a Covenant?

Answer 9

-legal right restricting an owner’s conduct related to use and enjoyment of the owner’s land.

1. Affirmative: legal right to compel owner to act affirmatively. Puts an affirmative obligation on an owner to do something on land. Obligates owners to perform certain acts for the benefit of their neighbors.
2. Restrictive: legal right to restrict owner’s use and enjoyment. Restricts owners use and develop of land. Prohibits certain land uses.

Question 10

What is an Equitable Servitude?

Answer 10

Legal right based on promise of a real covenant governing an owners conduct related to use and enjoyment that is enforceable in equity despite a problem w/ privity.

Question 11

What is a mortgage?

Answer 11

Secures a loan

Question 12

What is a lien?

Answer 12

Secures payment for service