Property- Rights in land Flashcards
When discussing rights in land the answer should never be about
title
An easement is
the right to use someone elses land forever unless terminated
How do you create an easement
writing
prescription
implication
necessity
what can easements be?
both postive and negative
What is an easement by prescription look like
adverse possesion
what are the elements of a prescription by an easement
Open
Notorious
Actual
Continuous
Hostile
What is an easement by implication
it is implied from prior use where the grantor subdivides the property into 2
Easement by necessity
due to necessity because your land is landlocked
How to terminate an easement
By agreement
By time (lasts only X years)
Merger
Abandonment
How do you terminate your easement by abandonment
they grantee needs to leave and express an intent to not return
If there is misuse or damage to an easement, what are your remedies
an injunction not termination
What is a covenant
Grants the right to do, restrict or prevent something
How do covenants differ from easement
Always in writting
A promise for a promise
Looks like a K and governed by K law
Maattes who lives on the property
Covenants generally last
forever
Elements of a covenant
Writing
Intent between the parties
Notice
Privity
Touch and Concern the land
What is the difference between an covenant and a equitable servitude
In an equitable servitude, u are seeking an injunction, not damages. A covenant will seek damages
Implied reciprocal servitude
Large tracts of land that have been divide and there are restrictions on each plot
Implied reciprocal servitude is enforceable against everyone as long as
they have notice
Implied reciprocal servitude lasts
forever
When does an Implied reciprocal servitude not last forever
change in circumstances applies
Change in circumstances
For the restrictions no longer to be valid, there has to be a total change in the profile or character of the community
License
You have a right to come in my property revocable at the discretion of the grantor Unless the right is coupled with an interest
Profit
Name of the interest where I grant you to come on my land to take something off of the land
Example of a profit
taking oil off my land
Taking
The government can take private property for public use as long as they give just compensation
Just compensation in a taking is
FMV
The key in water rights is
reasonable use of the water if it affects another
Melted snow or rain
the owner can use whatever reasonable means is necessary to alter the flow of the rain or the snow. Reasonable means to alter the flow, even if it could harm you to some degree.
when are crops considered real property and go with the title of the land
If the crops are on the property naturally
If you plant crops the crops are considered what and what is the result
personal property and they go with the land
When would crops not go with the property when considered personal property
when expressly held by the grantor
in a tenancy except tenancy for years + you have the right to harvest before tenancy created
If you are diggins and blowing stuff up and it damages your property, you look to see if the property is
developed or undeveloped
If you are diggins and blowing stuff up and it damages your property, you look to see if the property is developed (ie building) the affected person can bring a COA for
Strict liability for damage would have happened anyway
Or else negligence
If you are diggins and blowing stuff up and it damages your property, you look to see if the property is undeveloped, the affected person can bring a COA for
Strict liability for damages
If you allow people to come onto your property and they dig and it affects another person, the affected person can bring a COA for
Negligence
What are the two types of nuisance
private and public
Private nuisance
The unreasonable interference with the use and enjoyment of your property
Private nuisance intereferce is judged by an
objective standard to a reasonable person
What is not included in a private nuisance
weird allergy or abnormal sensitivity
Public nuisance is when it affects who and who usually brings it
public at large and a public offical
When a private person brings a public nuisance, this person must prove
special unique damages
Common Interest own Community
Development where the individual owners have a covenant requiring a payment of dues to an association
Fixture
Chattel that is attached to land in such a way it has ceased to be personal property and has become part of the realty
Examples of fixtures
Garbage disposal and ceiling fan
While landowners possess a number of rights with regard to their property as well as the areas above and below it, there are no rights to
sunlight, fresh air or view.
Property owners association
Owners required to belong to association & pay dues
Condominium is created by what and what must you file
Created by statute
Must file a declaration & plat
Condo owners rights and responsibilities
- Pay taxes, insurance, mortgage for their unit
Condo owners own common areas are owned as
TIC
What can condo owners not do
separate ownership of unit &
common areas
Co-Op
Corporation owns building & leases units to shareholders
Difference betwen Co-Op and Condo
One mortgage on whole property
For a Co-Op the tenant pays a share of fee for
taxes and mortgages
Forming a Common Interest owned community needs
1) Declaration
2) Association
3) Board
4) Developer
What does the developer can and cannot do
give power to the association and cannot change declaration unless stated
The association has 2 years to
have a 2/3 vote to terminate developer
The board acts on behalf of the association to manage
the community”
Board rules must be
reasonably related to further a
legitimate purpose” of the Association
Powers of the community board association
- Levy assessments & fees
- Manage/improve common areas
- Create rules
- Impose fines
- Conduct reasonable inspections
- Revoke privileges
- Litigate as the Association
Duties of the community to its member
- Treat members fairly
- Ordinary care in managing property/finances
- Reasonable access to information
Who has the burden to prove breach by the association
members
Duties of board memebers
act in good faith
standard of care for the duties of the board members
an ordinary director of a
common interest owned community
Are board members jointly and severally liable
no
