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MBE Tips and tricks for Bar > Property- Rights in land > Flashcards

Property- Rights in land Flashcards

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MBE flashcards
1
Q

When discussing rights in land the answer should never be about

A

title

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2
Q

An easement is

A

the right to use someone elses land forever unless terminated

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3
Q

How do you create an easement

A

writing
prescription
implication
necessity

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4
Q

what can easements be?

A

both postive and negative

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5
Q

What is an easement by prescription look like

A

adverse possesion

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6
Q

what are the elements of a prescription by an easement

A

Open
Notorious
Actual
Continuous
Hostile

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7
Q

What is an easement by implication

A

it is implied from prior use where the grantor subdivides the property into 2

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8
Q

Easement by necessity

A

due to necessity because your land is landlocked

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9
Q

How to terminate an easement

A

By agreement
By time (lasts only X years)
Merger
Abandonment

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10
Q

How do you terminate your easement by abandonment

A

they grantee needs to leave and express an intent to not return

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11
Q

If there is misuse or damage to an easement, what are your remedies

A

an injunction not termination

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12
Q

What is a covenant

A

Grants the right to do, restrict or prevent something

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13
Q

How do covenants differ from easement

A

Always in writting

A promise for a promise

Looks like a K and governed by K law

Maattes who lives on the property

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14
Q

Covenants generally last

A

forever

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15
Q

Elements of a covenant

A

Writing
Intent between the parties
Notice
Privity
Touch and Concern the land

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16
Q

What is the difference between an covenant and a equitable servitude

A

In an equitable servitude, u are seeking an injunction, not damages. A covenant will seek damages

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17
Q

Implied reciprocal servitude

A

Large tracts of land that have been divide and there are restrictions on each plot

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18
Q

Implied reciprocal servitude is enforceable against everyone as long as

A

they have notice

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19
Q

Implied reciprocal servitude lasts

A

forever

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20
Q

When does an Implied reciprocal servitude not last forever

A

change in circumstances applies

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21
Q

Change in circumstances

A

For the restrictions no longer to be valid, there has to be a total change in the profile or character of the community

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22
Q

License

A

You have a right to come in my property revocable at the discretion of the grantor Unless the right is coupled with an interest

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23
Q

Profit

A

Name of the interest where I grant you to come on my land to take something off of the land

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24
Q

Example of a profit

A

taking oil off my land

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25
Q

Taking

A

The government can take private property for public use as long as they give just compensation

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26
Q

Just compensation in a taking is

A

FMV

27
Q

The key in water rights is

A

reasonable use of the water if it affects another

28
Q

Melted snow or rain

A

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.

29
Q

when are crops considered real property and go with the title of the land

A

If the crops are on the property naturally

30
Q

If you plant crops the crops are considered what and what is the result

A

personal property and they go with the land

31
Q

When would crops not go with the property when considered personal property

A

when expressly held by the grantor
in a tenancy except tenancy for years + you have the right to harvest before tenancy created

32
Q

If you are diggins and blowing stuff up and it damages your property, you look to see if the property is

A

developed or undeveloped

33
Q

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

A

Strict liability for damage would have happened anyway
Or else negligence

34
Q

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

A

Strict liability for damages

35
Q

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

A

Negligence

36
Q

What are the two types of nuisance

A

private and public

37
Q

Private nuisance

A

The unreasonable interference with the use and enjoyment of your property

38
Q

Private nuisance intereferce is judged by an

A

objective standard to a reasonable person

39
Q

What is not included in a private nuisance

A

weird allergy or abnormal sensitivity

40
Q

Public nuisance is when it affects who and who usually brings it

A

public at large and a public offical

41
Q

When a private person brings a public nuisance, this person must prove

A

special unique damages

42
Q

Common Interest own Community

A

Development where the individual owners have a covenant requiring a payment of dues to an association

43
Q

Fixture

A

Chattel that is attached to land in such a way it has ceased to be personal property and has become part of the realty

44
Q

Examples of fixtures

A

Garbage disposal and ceiling fan

45
Q

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

A

sunlight, fresh air or view.

46
Q

Property owners association

A

Owners required to belong to association & pay dues

47
Q

Condominium is created by what and what must you file

A

Created by statute
Must file a declaration & plat

48
Q

Condo owners rights and responsibilities

A
  • Pay taxes, insurance, mortgage for their unit
49
Q

Condo owners own common areas are owned as

A

TIC

50
Q

What can condo owners not do

A

separate ownership of unit &
common areas

51
Q

Co-Op

A

Corporation owns building & leases units to shareholders

52
Q

Difference betwen Co-Op and Condo

A

One mortgage on whole property

53
Q

For a Co-Op the tenant pays a share of fee for

A

taxes and mortgages

54
Q

Forming a Common Interest owned community needs

A

1) Declaration
2) Association
3) Board
4) Developer

55
Q

What does the developer can and cannot do

A

give power to the association and cannot change declaration unless stated

56
Q

The association has 2 years to

A

have a 2/3 vote to terminate developer

57
Q

The board acts on behalf of the association to manage

A

the community”

58
Q

Board rules must be

A

reasonably related to further a
legitimate purpose” of the Association

59
Q

Powers of the community board association

A
  • Levy assessments & fees
  • Manage/improve common areas
  • Create rules
  • Impose fines
  • Conduct reasonable inspections
  • Revoke privileges
  • Litigate as the Association
60
Q

Duties of the community to its member

A
  • Treat members fairly
  • Ordinary care in managing property/finances
  • Reasonable access to information
61
Q

Who has the burden to prove breach by the association

A

members

62
Q

Duties of board memebers

A

act in good faith

63
Q

standard of care for the duties of the board members

A

an ordinary director of a
common interest owned community

64
Q

Are board members jointly and severally liable

A

no

MBE Tips and tricks for Bar (14 decks)

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