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)
Define a race-notice recording statute?
“Any conveyance of an interest in land, other than a lease for less than one year, shall not be valid against a subsequent purchaser for value, without notice thereof, whose conveyance is first recorded”
What is a license?
It privileges the holder to go upon the land of the other.
- It is NOT an interest in land, but is merely a privilege, revocable at the will of the licensor
- The Statute of Frauds does not apply
- Licenses, and licensees are NOT entitled to compensation if the land is taken by eminent domain
Is a license revocable?
Yes, an essential characteristic of a license is that it is revocable by nature and may be revoked at any time by the manifestation of the licensor’s intent to end it.
Irrevocable License
Estoppel Theory
If a licensee invests substantial amounts of money or labor in reliance on a license, the licensor may be estopped to revoke the license, and the license will thus become the equivalent of an affirmative easement.
- Majority view: such irrevocable licenses or easements by estoppel last until the owner receives sufficient benefit to reimburse himself for the expenditures made in reliance on the license
- Minority view: treat easements by estoppel like any other affirmative easements and give them a potentially infinite duration.
Irrevocable license
License Coupled with an Interest
If a license is coupled with an interest, it will be irrevocable as long as the interest lasts
What is a profit?
It is a nonpossessory interest in land.
- The holder is entitled to enter upon the servient tenement and take the soil or a substance of the soil
- There is a constructional preference for profits in gross rather than appurtenant
What is an assignment of a lease?
A complete transfer of the tenant’s entire remaining term.
- The original tenant can still be held liable on his original contractual obligation in the lease to pay rent; i.e., on privity of contract
What is retaliatory eviction?
If a tenant exercises the legal right to report housing or building code violations or other rights provided by statute, the landlord is not permitted to terminate the tenant’s lease in retaliation.
- The landlord is also barred from penalizing the tenant in other ways, such as raising the rent or reducing tenant services
- Statutes usually presume a retaliatory motive if the landlord acts within 90 to 180 days after the tenant exercises his rights
