Property

Question 1

Creation of Easements

Answer 1

(1) express creation by writing (2) by prescription (exclusivity is NOT required) (3) by implication (from prior use after subdivision) OR (4) by necessity

Question 2

Termination of Easements

Answer 2

(1) by agreement, (2) by time, if period is pre-agreed, (3) merger, (4) end of necessity- for easements by necessity, (5) by abandonment- requires that easement holder leave AND express intent not to return

Question 3

Easements - Miscellaneous

Answer 3

Easements (1) can be positive or negative, (2) run with the land and NO notice is required to subsequent purchasers, (3) last until termination

Question 4

Covenants - Requirements

Answer 4

(1) writing, (2) intent between the parties, (3) notice, (4) privity, (5) agreement itself must touch and concern the land

Requirements met: covenant lasts forever

Personal and contractual agreements do NOT run with the land

Question 5

Covenants - Miscellaneous

Answer 5

Look like easements because they can be positive or negative

Look like contracts because they are a promise for a promise IN WRITING

Governed by contract principles

Question 6

Equitable Servitudes

Answer 6

Look like restrictive covenants BUT remedy is injunction rather than money damages

Question 7

Implied Reciprocal Servitude

Answer 7

“Common Scheme”

When a large tract is subdivided into lots, restrictions on property are valid IF (1) enforceable against everyone AND (2) notice

Exception: character of neighborhood has TOTALLY changed

Question 8

License

Answer 8

Grants right to enter property and is revocable at will of grantor UNLESS the right is coupled with an interest.

Tickets are licenses

Question 9

Profit

Answer 9

Right to come onto the land to take things off the land (mining, harvesting, etc.)

NOT the same as a license

Question 10

Taking

Answer 10

Government can take private property for a public purpose as long as there is just compensation (fair market value)

Question 11

Water Rights

Answer 11

Where water touches more than one property:

Bodies of water - reasonable use

Precipitation - owner can use any reasonable means necessary to alter the flow even if it harms another property owner a bit

Question 12

Crops

Answer 12

Crops naturally on the property are part of the real property, go to buyer

Crops planted on the property are personal property, go to buyer UNLESS (1) expressly held by grantor OR (2) tenant in a tenancy for years has the right to harvest before the end of the lease term

Question 13

Support rights

Answer 13

Excavation that damages another property:

1. Other property is undeveloped —> strict liability
2. Other property is developed —> strict liability for damage that would have occurred absent development, negligence for damage that would not have occurred absent development

Question 14

Nuisance

Answer 14

Private- unreasonable (to a reasonable person) interference with use and enjoyment of property

Public- if brought by private individual, must prove SPECIAL UNIQUE DAMAGES

usually brought by government because affects the public at large

Question 15

Common Interest Owned Communities

Answer 15

Condos - individual and shared ownership

Co-ops - shareholders in corporation owned property, one mortgage

Declaration usually controls

Board usually not jointly and severally liable