Property Flashcards
Easement
Non possesory interest in the use land of another or restrict the land of another (positive/negative)
Express easement
Easement between two parties in writing
Easement by necessity
Not in writing
Factually based on the necessity of one person to enter land of another because they’re landlocked. Terminates when it’s no longer necessary
Easement by prescription
Using land for the statutory period of time (20yrs in FL) in an open, notorious, adverse, and continuous manner then you have the right
Easement by implication
Implied from prior use
Duration of easements
Easements are generally enforceable forever unless it’s terminated
Express- time written when it ends
Necessity- when it’s not necessary
Implication- forever unless legally terminated
Termination of easement
Abandonment (no use/intent not to return)(no use alone is not enough)
Merger (parcels are combined)
Covenants
Always in writing
To do or not do something on land
Generally runs w the land even if it’s not on their deeds
When a covenant runs with the land
Intent to run with the land
Touches and concerns the land
Horizontal/vertical privity
Notice
Equitable servitude (remedy for covenant) (can also be money damages)
Injunction to stop someone from performing (enforce restrictive covenant)
Tenancies
Periodic Tenancy
Start date and then goes on successive periods of time (month to month//year to year). No termination date until notice is given
Notice to terminate
Month to month- No less than 15 days before end of the period
Year to year- 60 days
Tenancy for years
Beginning and end date.
At will tenancy
Goes on indefinitely and can be terminated by either roart
