Misc (Zoning, Other Rights) Flashcards
When does an owner of mineral rights have strict liability and when do they have negligence?
The owner of mineral rights is STRICTLY LIABLE for any failure to support the land and any buildings that PREDATE the conveyance of those rights, provided that the damage would have occurred in the land’s natural state. BUT the owner is liable only for NEGLIGENCE for damage to improvements BUILT AFTER the mineral rights were conveyed.
What’s the general rule regarding fixtures when real property is transferred?
The general rule is that, in the absence of an agreement to the contrary, ownership of a fixture attached to real property passes to the buyer of the related real property. Since the statue is a fixture and the contract of sale does not discuss it, the owner may not remove it.
