Property - Barbri Flashcards
Does the existence of an easement breach the covenant against encumbrances?
Yes.
What is the natural flow theory?
Under the natural flow theory, a landowner cannot alter the rate or manner of natural flow of surface waters (e.g., rainfall, melting snow) where such actions would injure others above or below him
What is the riparian doctrine?
Under the riparian doctrine, owners of land bordering watercourse have riparian rights to use the water; their rights depend on the theory (natural flow or reasonable use) followed by the jurisdiction.
What is the prior appropriation doctrine?
Under this, landowners may acquire the right to divert and use water even though their property might not abut to a watercourse.
What is the common enemy theory?
Surface water is a common enemy and any owner can change its course to get rid of it.
Can a contingent remainderman seek injunctive relief against waste?
Yes, a life tenant can always be prohibited from committing waste.
Is there a charity-to-charity exception for the Rule Against Perpetuities?
Yes!
Does a co-tenant who improves property have a right to contribution from noncontributing co-tenants?
No.
Does a co-tenant who makes necessary repairs to property have a right to recover from a noncontributing co-tenant?
Usually yes.
Does a life tenant have an obligation to pay taxes?
Yes, to the extent of income or profits derived from the land, or if none, to the extent of reasonable rental value.
Failure to pay property taxes is…
permissive waste, and a future interest holder who expends funds in satisfaction of the life tenant’s obligation is entitled to reimbursement.
What choices does a possessor have if land is repeatedly invaded by someone without permission?
She may sue for trespass or for nuisance.
What is trespass?
The intentional invasion of a person’s land, which includes the space above the land, by a physical object.
What is nuisance?
A substantial and unreasonable interference with the use of property.
How does one acquire an easement by prescription?
The use must be open and notorious, adverse, and continuous and uninterrupted for the statutory period. (NOTE: it need not be hostile)