Real Property

Question 1

Remedies in Real Property

Answer 1

Typical remedies are damages, an ejectment, or an injunction, and they operate in the same in a property context as they do in contract or tort context.

Question 2

Encroachments

Answer 2

are trespasses where a defendant’s structure invades the plaintiff’s property. This could also be seen as an adverse possession action. With an encroachment, a plaintiff is entitled to damages, ejectment, and injunction.

Question 3

Waste

Answer 3

occurs when there is an “injury” to real property by one with a present interest against a future interest holder

Question 4

Voluntary waste

Answer 4

is a deliberate, destructive act. The remedy is damages for the diminution of value or the cost of repair, and/or an injunction.

Question 5

Permissive waste

Answer 5

occurs when the property is poorly maintained. The remedy is damages for the cost of repair. Injunction is not usually available because supervision problems make enforcement infeasible.

Question 6

Ameliorative waste

Answer 6

is where the present interest holder makes impermissible improvements to the property that actually enhance the property’s value. Though a present interest holder is not permitted to do this, there are no damages because there is no loss in value. However, an injunction may be granted.