property

Question 1

Zoning variances: what are the ways you can vary from zoning ordinance? how to qualify for a variance permit?

Answer 1

Non-conforming use
Permitted if the use was permitted at the time it was established but becomes no longer permitted under the new ordinance.
Some statutes allow conforming use to continue, while others provide for a reasonable amortization time frame. But New structures built or improved must conform

Variance permit

A property owner can seek a variance (waiver) from a zoning regulation if he can show unnecessary hardship (not at fault, use would not harm the neighborhood, and he would suffer unnecessary hardship if not allowed)

Question 2

right to lateral and subjacent support

Answer 2

strict liability if land would have collapsed without anything built on it

OR

if there is a building on it, then a negligence analysis (including contributory negligence)

Question 3

order of distribution upon a foreclosure sale

Answer 3

1. All purchase money security interests have priority over other creditor interests executed at the same time.

2) when the interest or mortgage was
recorded.

Question 4

two kinds of easements

Answer 4

1. Easement appurtenant: Interest in use of land of another (servient estate) that attaches to and passes automatically w/benefited land (dominant estate)
2. Burden of easement passes automatically w/ servient land, unless new owner is BFP w/ no notice of easement
3. Holder of easement may reasonably inspect, maintain (duty to make repairs), and improve the easement

ii. Easement in gross: Holder has right to use servient land w/o owning any land (does not attach to land)
1. Transferable if easement serves economic interest (billboard). Not transferable if for personal enjoyment (swim)

Question 5

What is a real covenant and when does it run w the land?

Answer 5

Real covenant is a written promise or contractual limitation to do or not do something on land

For covenant to run with the land and bind successor of burdened estate require
(1) writing,
(2) intent of original parties,
(3) notice to BFB
(4) horizontal privity (covenant set out in original conveyance)
(5) vertical privity (privity of contract for sale of ENTIRE parcel–cannot take lessor parcel)
(6) touch & concern: Covenant directly reduces use or enjoyment of the servient land, or increases obligations

to run with benefited land, does not require complete vertical privity (can be purchaser of lesser parcel)

Question 6

What is an equitable servitude and what does it require?

Answer 6

same as covenant but does not require privity

Question 7

What is the changed circumstances doctrine?

Answer 7

A covenant will no longer be enforced if the change in circumstances make the original purpose of the covenant obsolete or it would impose undue burden or be unfair to the servient land to enforce.