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Property > Land Use > Flashcards

Land Use Flashcards

0
Q

claimants wants to make use of the land by another through use of…

A
  1. Easements
  2. profits
  3. license
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1
Q

2 Situations where there is a dispute over land but they are not claiming ownership

A

Claim a right to make affirmative use of the land
1. Easement
2. Profits
3. License
Claim to be able to dictate how land is used
1. Real Covenants
2. Equitable Servitude

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2
Q

Checklist for Easements

A
  1. Creation - was a valid easement ever created
  2. Scope - what is scope of how easement is used.
  3. Termination - was easement terminated?
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3
Q

Creation of an Easement - Types

A

Express
Implication
Necessity
Public Use

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4
Q

Creation of an Express Easement

A

Expressly created by the parties.

in a writing sufficient to qualify for SoF

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5
Q

Easement by Implication - Types

A

by prescription

by conveyance

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6
Q

Easement by prescription

A

Adverse possession in the easement world

Requires individual using land for statutory period

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7
Q

Easement by Conveyance - 3 Requirements

A
  1. Common Ownership of dominant-servient estate, then severance.
  2. Quasi Easement - prior use at time of conveyance
  3. Reasonable necessity for easement exists
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8
Q

Easement by necessity 2 requirements

A

Common ownership of dominant-servient estate, then severance.

Absolute necessity (higher standard)

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9
Q

Easement by Public Use - Implied Dedication

A

public makes use of easement over statutory period

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10
Q

Servient Estate

A

Parcel burdened by easement

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11
Q

Dominant Estate

A

Parcel benefited by easement

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12
Q

Easement appurtenant

A

An easement that benefits a parcel of land

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13
Q

Easement in gross

A

Easement that benefits an individual or entity

Power lines-power company

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14
Q

Scope of an easement

A

Express easements define the scope in the agreement.
All others held to standard of reasonable use.

Where use is not reasonable = surcharging the easement.
Holder can sue for damages or injunction.

Holder can do what is reasonably to maintain easement
even interfering with the servient owners use of property

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15
Q

Situations giving rise to the termination of an easement (4)

A
  1. Destruction of servient estate
  2. Certain actions of the holder
  3. Certain actions of the Servient estate
  4. End of necessity
16
Q

Destruction of the servient estate and easements

A

When servient estate is destroyed,
terminates any easement associated with it

UNLESS

The owner intentionally destroys servient estate to terminate easement

17
Q

Actions of the easement holder giving rise to termination of the easement (5)

A

Merger of dominant and servient estates.

Written release of the easement

Abandonment - stops using AND demonstrates intent to abandon

Estoppel -

  1. holder’s conduct leads owner of the servient estate to believe holder has abandoned the easement
  2. he reasonably relies on these actions to his detriment.

Severance - APPLIES to an EASEMENT APPURTENANT ONLY - attempt to sever dominant estate from servient estate severs easement.

18
Q

Actions of the owner of the servient estate giving rise to termination of the easement

A
  1. Prescription - owner of servient estate interferes with use of easement for statutory period.
  2. Sale of servient estate to a bona fide purchaser.
    One who pays value and takes without notice of the easement - either actual, constructive, or inquiry - terminates easement.

Otherwise easements typically run with the land

19
Q

termination of an easement - end of necessity

A

applies to easement by necessity only.

When the necessity ends, so will the easement.

20
Q

Profits

A

the right to go on land of another and remove something from it.

created expressly or by prescription - only. Not by implication.

Otherwise analysis is the same as for easements

21
Q

Licenses

A

Step below easement

Permission to use land.
Considered a personal right, not interest in land and no SoF problem.

freely revocable at any time for any reason
unless something happens making it irrevocable.

22
Q

Situations making a license irrevocable

A
  1. License coupled with an interest - person purchasing an interest on the land and given license to enter and remove it.
  2. Executed License - easement by estoppel.
    Person has permission to use land
    expends money in reliance on that license
23
Q

How to distinguish between covenants and equitable servitudes

A

Remedy for breach of covenants - damages
Remedy for violation of equitable servitude - injunction

Will depend on the remedy sought

24
Q

elements necessary for covenant to run with the land

PINT

A
  1. Touch and Concern
  2. Notice
  3. Intent
  4. Privity

PINT

25
Q

When a restriction will touch and concern land

A

reduce the use and enjoyment of the servient estate.

restriction enhances the use and enjoyment of the dominant estate

26
Q

Intent Element of a Covenant that runs with the land

A

restriction is intended to bind future owners.

A majority will imply intent when touch and concern are present.

27
Q

Notice requirement for covenants that run with the land

A

Owner of Servient estate must take WITH notice of restriction
actual, constructive, or inquiry

28
Q

Privity Requirement for a Covenant to run with the land

A

Horizontal Privity - privity of contract. Must be a contract on the land

Vertical Privity - Privity of estate in relation to ownership.
Servient estate must transfer all his interests for burden to run. Dominant estate may transfer any interest in the land.

29
Q

Contracts in connection with the land for horizontal privity

A
  1. Grantor-Grantee
  2. Mortgagor-Mortgagee
  3. Landlord-Tenant
30
Q

Elements of Equitable Servitude

TIN

A
  1. Touch and Concern
  2. Intent
  3. Notice

TIN

Privity is NOT Required otherwise analysis is the same as a covenant.

31
Q

How to terminate a covenant or equitable servitude

CREAM

A 
Merger
Release in writing
Abandonment
Estoppel
Change of circumstances so that the restriction is no longer valid.
32
Q

Statute of Frauds and Covenants and Equitable Servitudes

A

Covenants and ES regard interests in land
must be in writing sufficient to satisfy the SoF.

Except - Implied Reciprocal Servitude

33
Q

Implied Reciprocal Servitude

A

negative restrictions only

  1. part of a common scheme or plan for development of the land.
  2. owner of servient estate must take with notice
    actual, constructive, or inquiry.
34
Q

Whether Property Law or UCC Applies with respect to crops.

A

who is doing the severing.
UCC governs if seller severs before delivery
Property law governs if seller sells crops attached

35
Q

General Rule - Lateral Support

A

absolute right to lateral support
D is strictly liable for depravation of lateral support

Did the subsidence result from the weight of improvement? (house)
If improvement played no role in subsidence - then D remains SL.
If so, D is liable only if negligent in depriving P of lateral support.

36
Q

Subjacent Support

A

Absolute right to subjacent support.

SL for damages, including improvements present at time rights were granted.

37
Q

Riparian Rights - Majority and Minority View

A

Majority View - all riparian land owners have a reasonable right to use of the water.

Minority View - first in time, first in right.

Property (6 decks)

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