Non-Possessory Interests - C Flashcards
What are the 10 different kinds of non-possessory interests?
Usufruct Right
Riparian Right
Estover
Emblements
Profits
License
Easements
Covenants
Mortgage
Lien
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Usufruct Right
v.
Riparian Rights
Usufruct = Incidental right to make use of or enjoy the weather that falls on your land (rain falling)
**cannot try to collect water onto your land in some areas
Riparian Rights = Right to make beneficial use of or enjoy water on or under the land (ponds, underground reservoir)
**can be severed through prior appropriation
Estover
Estover = Incidental ownership of the “natural fruits of” the land including wild animals
Emblements
Emblements = right to “cultivate crops on” on the land
Profits
Profits = Right to “use things on or under” the land that are of value and can be severed or sold
License
License = Revocable “privilege to be on” another’s land
Easements
v.
Covenants
Easements = “Right to use for specific purpose” of another’s land; cannot be revoked orally
**Affirmative: non-possessor has right to do some act on owner’s land
**Negative: owner restricted from act
Covenants = Promise related to the use of land
**Affirmative: owner has a duty to act to benefit another
**Restrictive: owner restricted from act to benefit another
Mortgage
Mortgage = secures a loan
**bank can sell off assets to pay if default
Lien
Lien = secures payment for services rendered
**like what happens when you default on a loan, but services not loans
Easements:
Appurtenant
v.
In Gross
Appurtenant: Both a dominant and servient tenement
**Dominant estate: the parcel benefited by the easement
**Servient estate: burdened by the easement (runs with the land)
In gross: one benefiting a person whether or not they own any specific property
