land rights Flashcards
real covenants
a promise or obligation by a landholder that limits their use of the property, either requiring them to do something or refraining from doing something
burden + benefit
runs with the land
damanges = money
ex. must trim the bushes
elements of a real covenant benefit to run
writing (statute of frauds)
intent
touch and concern
vertical privity
vertical v. horizontal privity
Horizontal privity is between the parties that made the covenant.
Vertical privity is between the people who made the covenants and the people to whom they are transferring the property.
elements of a real covenant burden to run
writing (statute of frauds)
intent
touch and concern
vertical privity
horizontal privity
notice
equitable servitude
like a real covenant but the damages are injunctive relief
writing
intent
touch and concern
notice
implied reciprocal servitude
for planned subdivisions
intent to create
negative (refrain from doing)
notice (actual, constructive, or inquiry)
express easement
right held by one person to use another’s land
by grant: affirmatively created
by reservation: when grantor conveys land but reserves an easement right in that land
implied easement by implication
when there is not a recorded easement but circumstances show that an easement was intended
a single tract of land is divided by a common owner and conveyed to another +
before the division, common owner used the land as if there was an easement +
after the division, common owner’s use of the land is continuous and apparent +
must be reasonably necessary
implied easement by necessity
property would be virtually useless without the easement
ex. landlocked tracts of land
implied easement by prescription
a trespasser uses land as an easement continuously for a statutory period of time
hostile
open and notorious
continuous for statutory period
termination of an easement
release
merges with both titles are aquired
abandonment
prescription (fails to protect against trespassers)
sale to a bona fide purchaser (landower sells)
estoppel
necessity ends
profit
right to enter someone’s land to remove a specific natural resource
license
revocable permission to use another’s land
ex. concert tix
fixtures
property that is attached to the real property in a way that it becomes part of the real property
cannot remove the property without causing damage to the real property
