Property - Barbri Flashcards

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1
Q

Does the existence of an easement breach the covenant against encumbrances?

A

Yes.

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2
Q

What is the natural flow theory?

A

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

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3
Q

What is the riparian doctrine?

A

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.

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4
Q

What is the prior appropriation doctrine?

A

Under this, landowners may acquire the right to divert and use water even though their property might not abut to a watercourse.

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5
Q

What is the common enemy theory?

A

Surface water is a common enemy and any owner can change its course to get rid of it.

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6
Q

Can a contingent remainderman seek injunctive relief against waste?

A

Yes, a life tenant can always be prohibited from committing waste.

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7
Q

Is there a charity-to-charity exception for the Rule Against Perpetuities?

A

Yes!

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8
Q

Does a co-tenant who improves property have a right to contribution from noncontributing co-tenants?

A

No.

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9
Q

Does a co-tenant who makes necessary repairs to property have a right to recover from a noncontributing co-tenant?

A

Usually yes.

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10
Q

Does a life tenant have an obligation to pay taxes?

A

Yes, to the extent of income or profits derived from the land, or if none, to the extent of reasonable rental value.

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11
Q

Failure to pay property taxes is…

A

permissive waste, and a future interest holder who expends funds in satisfaction of the life tenant’s obligation is entitled to reimbursement.

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12
Q

What choices does a possessor have if land is repeatedly invaded by someone without permission?

A

She may sue for trespass or for nuisance.

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13
Q

What is trespass?

A

The intentional invasion of a person’s land, which includes the space above the land, by a physical object.

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14
Q

What is nuisance?

A

A substantial and unreasonable interference with the use of property.

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15
Q

How does one acquire an easement by prescription?

A

The use must be open and notorious, adverse, and continuous and uninterrupted for the statutory period. (NOTE: it need not be hostile)

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16
Q

Define a race-notice recording statute?

A

“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”

17
Q

What is a license?

A

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
18
Q

Is a license revocable?

A

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.

19
Q

Irrevocable License

Estoppel Theory

A

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.
20
Q

Irrevocable license

License Coupled with an Interest

A

If a license is coupled with an interest, it will be irrevocable as long as the interest lasts

21
Q

What is a profit?

A

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
22
Q

What is an assignment of a lease?

A

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
23
Q

What is retaliatory eviction?

A

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