property - rights in land

Question 1

Easement

Answer 1

• The right to use someone else’s land
• Writing
• Prescription: adverse possession (open and notorious, continuous, hostile) - no need to be exclusive
• Implication - from prior use
• Necessity
  Lasts FOREVER! Unless terminated by agreement, merger (one buys the other), or abandonment (intent not to return, not mere non-use)

Question 1

Covenant

Answer 1

• The right to use or prohibit the use of land - positive/restrictive
• Generally lasts forever / runs with the land if:
  
  • writing, intent between parties, notice, privity, touch and concerns the land
    Personal does not run with the land, i.e. individual contracts

Question 2

Equitable servitude & Implied reciprocal servitude

Answer 2

• Seeking injunction
• Like restrictive covenant
  ㅡㅡㅡㅡ
• Seeking injunction
• Common scheme and notice

Question 3

License

Answer 3

• Right to enter but revocable at the will of the grantor
  Not revocable if license + interest

Question 4

Profit

Answer 4

• Right to enter and take something from the land, e.g., oil

Question 5

Taking

Answer 5

• Government can take private property for public use as long as just compensation of FMV

Question 6

Crops

Answer 6

• Generally go with the property
• Natural - real property
• Man-made - personal property
  Exception: express agreement or tenant with right to harvest (except tenancy for years)

Question 7

Support rights

Answer 7

• Damages adjoining undeveloped property: strict liability
• Damages adjoining developed property: strict liability if damage would have happened anyway or else negligence
  Digging on adjoining land: negligence for damage

Question 8

Nuisance

Answer 8

• Private: unreasonable interference with use and enjoyment. Reasonable person/objective standard.
  Public: affects public at large. Private P must prove special damages

Question 9

Common interest owned community

Answer 9

• Lot owners must pay dues to an association
• Forming: declaration, association, board, developer
• Board acts on behalf of association to manage the community
  Rules must be reasonably related to further a legitimate purpose of the association

Question 10

Power of the community

Answer 10

• Levy assessments and fees
• Manage/improve common areas
• Create rules
• Impose fines
• Conduct reasonable inspections
• Revoke privileges
  Litigate as the association (duty on members to prove breach of association)

Question 11

Duties of the community

Answer 11

• Treat members fairly
• Ordinary care in managing property/finances
  Reasonable access to info

Question 12

Duties of board members

Answer 12

• Acts in good faith
• Standard of care; an ordinary director of a CI owned community
  Board members not jointly/severally liable

Question 13

Property owners association

Answer 13

• owners required to belong to association and pay dues

Question 14

Condominium

Answer 14

• Created by statute
• Must file a declaration and plat
• Pay taxes, insurance, mortgage for their unit
• Common areas - each owner owns as tenants in common.
  Cannot separate ownership of units and common areas

Question 15

Co-op

Answer 15

• Corporation owns building and leases units to shareholders
• One mortgage on whole property
  Tenant pays share of fee for taxes and mortgage

Question 16

Governing document

Answer 16

• Declaration (rules. most important) and all documents that run the property

Question 17

Developer

Answer 17

• Gives power to association
• Association has 2 years for 2/3 vote to terminate developer
  Developer Cannot change declaration unless stated

Question 18

Water rights

Answer 18

• Reasonable use and amount required
  Reasonable means to alter flow of rain/snow