Real Property Flashcards
Fee Simple Absolute
A conveyance of absolute ownership of real property.
The property is freely devisable, descendible, and alienable.
Fee Tail
A conveyance of real property to a person AND their heirs.
*Most states have abolished fee tail ownership.
What is a Fee Simple Defeasible, and when is it created?
A conveyance of property that has conditions placed on it.
It is created when the grantor uses express conditional language to indicate that it will be terminated upon the occurrence/non-occurrence of an event or condition.
What are the three types of Fee Simple Defeasibles?
Fee Simple Subject to a Condition Subsequent – reserves a future interest in the grantor (right of re-entry). But if, on condition that, provided that.
Fee Simple Determinable – reserves a future interest in the grantor (possibility of reverter). As long as, while, until, during.
Fee Simple Subject to Executory Interest – reserves a future interest in a third-party.
Life Estate
A conveyance of real property where a specified life-tenant is entitled to possession of the property during their lifetime.
Upon the life tenant’s death, the property transfers outright to another party (the remainderman).
Possibility of Reverter
Creates a future interest of possession in the grantor upon the occurrence of a specific condition.
(Property automatically vests to the grantor upon occurrence of the condition).
Right of Re-entry
Creates a future interest in the grantor, wherein the grantor has the right to re-enter and take the property upon the occurrence of a specific condition.
Tenancy in Common
The default estate created by a conveyance/bequest of real property to two or more people.
No Right of Survivorship.
*Each tenant has an undivided interest and the right to use and enjoy the entire property.
Joint Tenancy Creation
4 conditions must concurrently exist when the tenants take their interests:
1) Time- JT’s must take their interest at the same time;
2) Title- JT’s must receive their conveyance through the same instrument;
3) Interest- JT’s must take equal and identical interests; and
4) Possession- JT’s must have equal possessory rights.
(alienable but not devisable or descendible).
Vested Remainder
A remainder that automatically becomes possessory upon the natural expiration of the preceding estate.
Limitations- Vested Remainders cannot:
a) Be subject to any condition precedent; or
b) Vest in an unknown or unascertained person.
Indefeasibly vested remainder
Becomes possessory immediately upon termination of the prior estate (to A for life, then to B).
Vested remainder subject to total divestment
subject to some condition subsequent, such that the remainderman could be divested after taking possession (to A for life, remainder to B; but if B weds, to C).
Vested Remainder subject to open (class gift)
remainder vested in a described class of takers, at least one of whom is capable of taking possession (by virtue of being alive) (to A for life, remainder to children of B and their heirs”; B has one child, who has a vested remainder subject to open {because B may have more heirs}.
Open vs. Closed class
class stays open to allow for future members and closes when no new members can be created (life tenant dies).
Rule of Convenience- class closes whenever any member can call for distribution of her share.
Contingent Remainder
A remainder will be contingent if it is either:
a) Subject to a condition precedent, or
b) Created in favor of an unascertained or unborn person.
Contingent Remainder Subject to Condition Precedent
remainder’s taking is contingent on the occurrence of some event or condition.
-Once the event or condition occurs, the interest automatically becomes an indefeasibly vested remainder (to A for life, then to B and his heirs when B gets married…If B is unmarried at the time of the conveyance, A has a life estate, B has a contingent remainder (because marriage is a condition precedent), and grantor has a reversion in case B is not married when A dies; If B gets married he has an indefeasibly vested remainder).
Contingent Remainder Subject to unborn or unascertained persons
A remainder is contingent if it is created in favor of unborn or unascertained persons (to A for life, then to B’s heirs…If B has no children at the time of the conveyance, remainder is contingent because heirs of B cannot be ascertained until B dies).
Rule of Destructibility
At common law, a contingent remainder is destroyed if it remains contingent (the condition not satisfied) when the preceding estate ends
(O grants to A for life, then to B once he goes to law school; A dies and B has not gone to law school…At common law, B gets nothing; at modern law, a reversion to grantor or grantor’s heirs until grantee satisfies the condition).
Merger (Shelly’s Rule)
Arises when a conveyance attempts to give a life estate to grantee with remainder to grantee’s heirs.
At common law, the two estates merge (“to A for life, then to A’s heirs”…and A is alive)
Common Law- remainder merges and A has a fee simple absolute.
Modern rule- A has a life estate and his heirs have contingent remainders; O has a reversion because A could die without heirs.
Doctrine of Worthier Title
Arises when grantor creates a life estate in another but creates a future interest in grantor’s heirs.
(O grants “to A for life, then to O’s heirs”)
Under the doctrine, the contingent remainder in O’s heirs is void; A instead has a life estate and O has a reversion.
Shifting Executory Interest
Always follows a defeasible fee.
Cuts short someone other than the Grantor
(to A, so long as the property is used for storage. But if used for any other purpose, to B)
-A has a fee simple subject to an executory interest
-B has a shifting executory interest- If A stops using the property for storage, A’s interest is cut short (not the grantor’s).
Springing Executory Interest
Cuts short the interest of the Grantor or his heirs.
(To A, if and when he gets married)
A has an executory interest
Grantee has a fee simple subject to an executory interest; If A gets married, possession springs from Grantor to A.
Under what circumstances can an out-of-possession co-tenant collect rent from an in-possession co- tenant (who is in exclusive possession of the property)?
When:
* There is an agreement stating as such; OR
* The co-tenant seeking rent was wrongfully ousted.
When is a co-tenant entitled to reimbursement from other co-tenants for improvements made to the property?
ONLY IF there is a separate agreement stating as such.
BUT, if the property appreciated due to the improvements, only the improving co-tenant is entitled to the increase in value.
Tenancy for Years
-Lasts for a fixed period of time;
-Requires a definitive beginning and end date;
-If duration is longer than one year, lease must be in writing;
-Terminates automatically at the end of the fixed period (no notice is required);
-Also referred to as an “estate for years,” “term for years,” or “fixed term tenancy.”
Periodic Tenancy
A leasehold that is continuous for successive intervals (weeks or months) until either party gives notice of termination.
Creation-
-Express agreement- conveyed to tenant for agreed interval
-Implication- a lease that does not specify duration, but provides for rent to be paid at set intervals
Periodic Tenancy-Operation of Law- 2 situations:
1) Invalid lease- if tenant takes possession despite an invalid lease, periodic tenancy arises upon the landlord’s acceptance of payment (period of the tenancy is determined by the period the payment covers;
2) Holdover tenant- if landlord accepts rent from a holdover tenant, a periodic tenancy arises for the period the payment covers.
Periodic Tenancy Termination
occurs when the tenant gives proper notice, which requires:
1) Sufficient time- tenant must give notice one full period in advance; year to year tenancies require 6 months notice;
2) Effective Date- effective date of termination must be at the end of the period of the tenancy.
(Parties can agree to modify these requirements).
Tenancy at Will
A tenancy with no fixed duration, terminable by either party at any time without notice.
Creation- express agreement
-Without an express agreement, courts will treat the release as an implied periodic tenancy.
Tenancy at Will Termination
-By will- either party can terminate the lease at any time without notice, but a reasonable demand to vacate the premises is usually required.
-By operation of law- occurs upon any of the following:
1) Death of either party;
2) Waste by the tenant;
3) Assignment by the tenant;
4) Transfer of title by the landlord; or
5) Lease by the landlord to a third party.
Landlord’s Remedies for Tenant Breach
Tenant retains possession- landlord may:
a) File for notice of eviction; or
b) Continue the lease and sue for rent due.
Landlord’s Remedies for Tenant Breach
Tenant abandons premises- landlord may
a) Surrender- treat the abandonment as tenant’s surrender and accept it, releasing the tenant from the lease; or
b) Ignore (minority rule)- hold tenant liable for unpaid rent; or
c) Re-let (majority rule)- lease premises to new tenants and hold the breaching tenant liable for any losses.
No self-help
Security Deposit
No retaliatory eviction
What are the Landlord’s two options if a tenant holds over?
He may:
* Evict the tenant; OR
* Hold the tenant over (by holding the tenant over, an implied month-to-month tenancy is created).
What is the Warranty of Habitability?
It’s implied in EVERY residential lease, and requires the Landlord to provide a place to live that is habitable (reasonably suitable for human needs).
What can the Tenant do upon breach of Warranty of Habitability?
- Move out and terminate the lease;
- Withhold or reduce the rent;
- Repair the issue and deduct the cost from the rent; OR
- Remain on the premises and sue for damages.
When does Constructive Eviction occur?
When:
1. The landlord breached a duty to the tenant;
2. The landlord’s breach caused a loss of the substantial use and enjoyment of the premises;
3. The tenant gave the landlord notice of the condition;
4. The landlord failed to remedy it in a reasonable time after notice was given; AND
5. The tenant vacated the premises.
Does a Landlord have a duty to mitigate his damages?
At common law, a landlord DID NOT have a duty to mitigate.
BUT, now most states DO impose a duty to take reasonable steps to mitigate losses (i.e. attempting to lease to another tenant).
*Mitigation doesn’t need to be successful to recover damages, and a landlord is entitled to sue for the difference in rent between the new and original tenant.
Landlord is liable for injuries involving:
1) Common Areas- duty of reasonable care (stairways, hallways);
2) Latent Defects- duty to disclose he should reasonably know of;
3) Assumption of Repairs- negligence standard (negligent repairs LL chooses to undertake);
4) Public Use- liable for known defects if he knows the property is for public use and tenant is unlikely to repair (concert hall, convention center);
Seasonal or short-term lease of a furnished dwelling- LL is liable for defects that cause harm to tenant.
When does an Assignment occur, and who is liable to the Landlord for rent thereafter?
It occurs when the assignor transfers ALL of his remaining interest in a lease to a third-party (the assignee).
Assignee → liable to the landlord for rent and all other covenants that run with the land (privity of estate).
Assignor (Original Tenant) → also remains liable for rent (privity of contract).
When a lease has a Silent Consent Clause, what two approaches have been adopted by state courts to determine how consent is given?
Most States, allow the landlord to withhold consent for any reason (even if unreasonable).
Some States, require the landlord to have a reasonable basis for withholding consent.
For example: Inability to fulfill lease terms, financial irresponsibility, instability, etc.
What is a Sublease?
A sublease occurs when a sublessor transfers only SOME of his remaining interest in a lease to a third-party.
Is a Sublessee liable to the Landlord for rent?
Sublessee → is NOT liable to the landlord for rent or other covenants (there is no privity of estate).
* Sublessor (original tenant) → remains liable to landlord for rent (privity of contract).
What is a Surrender of a Lease?
An agreement between the landlord and the tenant to end a lease early.
If accepted, the tenant’s duty to pay rent ends.
If not accepted and the tenant leaves anyway, they are deemed to have abandoned the lease and are liable for damages.
What is a Real Covenant?
A non-possessory interest in land that obligates the holder to either do something or refrain from doing something to the land.
(The remedy is damages, unlike equitable servitudes)
What must be present to enforce the benefit of a Real Covenant?
There must be:
1. A writing that satisfies the statute of frauds;
2. Intent that the covenant runs with the land;
3. The covenant must touch and concern the land, AND
4. Vertical privity between succeeding parties
What must be present to enforce the burden of a Real Covenant?
All of the requirements for enforcing the benefit
1. Horizontal Privity- relationship between the covenanting parties (grantor/grantee, LL/tenant)
2. Notice- successor in interest had notice of the covenant when she took her interest.
What is an Equitable Servitude?
Covenants that equity will enforce if the burdened estate had notice of the covenants.
(The remedy is injunctive relief, rather than damages)
What must be present to enforce the benefit of an Equitable Servitude?
There must be:
1. A writing that satisfies the statue of frauds;
2. Intent for the servitude to be enforceable; AND
3. The servitude must touch and concern the land.
What must be present to enforce the burden of an Equitable Servitude?
All of the requirements for enforcing the benefit, PLUS:
1. The new owner must have notice of the servitude (actual, constructive, or inquiry notice).
What is the Common Scheme or Plan Doctrine?
A court will imply reciprocal restrictive covenants on parcels of land in a subdivision sold by a developer if:
1. The developer had a common scheme or plan that all parcels of land would be subject to at the time the subdivision was sold; AND
2. The defendant land owner had actual, inquiry, or record notice of the restriction.
What is a Common Interest Community (CIC)?
A development or neighborhood in which individually owned lots are burdened by a servitude that imposes an obligation to:
* Pay for or contribute to the maintenance held in common by the individual owners; OR
* Pay dues or assessments to an association that provides services to the common areas or enforces the servitudes.
*CIC’s include Condo’s, Co-ops, and Home Owner Associations.
Scope of Easements
An easement’s scope is determined by the terms or conditions that created it. In interpreting an easement’s scope, courts will consider the reasonable intent of the original parties.
Expansion:
Easement holders cannot unilaterally expand the scope of their easement (through overuse or misuse)
Overuse or misuse does not terminate the easement.
Remedy for violation = injunction.
Duty to repair- Easement holder has a duty to make repairs if he is the sole user (if both use it, costs are apportioned).
Easement in Gross
Entitles an individual or entity (not a dominant landowner) to use the servient estate.
Does not attach to land; there is no dominant estate.
(right to place a billboard on another’s lot; right to run utility line across; right to fish in another’s pond)
Similar to a license, but irrevocable; may be terminated.
It DOES NOT pass to subsequent landowners.
easements in gross are not transferable unless the easement is for a commercial purpose.
Easement Appurtenant
if an easement benefits its owner in the use and enjoyment of her land, it is appurtenant to that land.
Two Parcels of Land Required - an appurtenant easement requires two pieces of land:
▪ Land Benefited = Dominant Tenement
AND
▪ Land Burdened = Servient Tenement
Transfer:
Dominant Tenement = Passes Automatically - an easement appurtenant attaches to the land, not its owner, and therefore passes automatically with the dominant tenement.
Servient Tenement = Passes Automatically Unless BFP without Notice.
What is an Easement by Grant?
An express agreement by the grantor allowing the easement, which must:
1. Be in writing signed by the grantor and satisfy the statute of frauds;
2. Identify the land and parties involved; AND
3. Indicate the grantor’s intent to convey the easement.
What is an Easement by Prescription?
It’s created when the possessor’s use of the land is:
1) Continuous & Uninterrupted Use for Statutory Period
2) Open and notorious;
3) Actual; and
4) Hostile.
What is an Easement by Implication?
It’s established when:
1. A single tract of land is divided by a common owner;
2. A pre-existing use by the grantor is established prior to the land division;
3. The use was continuous and apparent indicating it was intended to be permanent; AND
4. Such use is reasonably necessary for the owner’s use.
What is an Easement by Necessity?
It’s created when:
1. The original piece of land owned by the one owner is subdivided; AND
2. Access is essential to the use of the property because no other ingress or egress is available.
Must be strictly necessary.
Negative Easements
Entitles its holder to restrict the servient estate from engaging in otherwise permissible activities on his own land.
4 Categories:
Light;
Air;
Support;
Stream of water from an artificial flow.
Creation- can only be created by express grant (writing signed by the grantor).
(NOTE- Restrictive covenants are utilized more frequently than negative easements).
What are the ways an Easement can be Terminated?
- Merger;
- Written release;
- Condemnation of the servient estate;
- Abandonment;
- By prescription;
- Estoppel;
- Termination of the necessity that created the easement; OR
- Involuntary destruction of the servient estate.
What is a License?
A privilege given to use another’s land in a particular way.
1) It doesn’t need to be in writing;
2) May be revoked at any time (although a licensor may be estopped from revoking it if the licensee invested money/labor in reasonable reliance).
What is a Profit?
A non-possessory property interest entitling its holder to enter a servient estate to remove resources (minerals, timber, soil, fish, etc.)
All rules governing easements apply to profits (creation, transferability, and termination).
Extinguishment- may be extinguished through misuse or overuse of resources.
What is a Fixture? (under the Common Law)
A fixture is:
1. Personal property,
2. That is attached to land or a building, AND
3. Regarded as an irremovable part of the real property.
*A fixture is treated as real property, and passes with the ownership of the land (unless otherwise agreed).
What factors are considered to determine if an item is a Fixture?
- The nature of the item;
- The manner in which it’s attached;
- The damage that would result if removed; AND
- The extent to which the item is adapted to the property.
*Whether an item is a fixture is determined by the objective intent of the party who attached the item.
What are the elements of Adverse Possession?
It allows someone who is in possession of land, owned by another, to acquire title when the possession of the property is:
1. Continuous for the statutory period (i.e. 10 yrs);
2. Open and notorious;
3. Exclusive;
4. Actual; AND
5. Hostile and under a claim of right.
*An adverse possessor can only acquire title to the portion of the land he has met all the requirements on.
What are the elements of a valid Land Sale Contract?
The contract must:
1. Be in writing;
2. Describe the property;
3. Identify the parties involved;
4. Contain the purchase price; AND
5. Be signed by the grantor/grantee (depending on who the contract will be enforced against).
What is Marketable Title?
A title that is FREE from any cloud or subject to any adverse claims.
Title is unmarketable when it contains a substantial defect (such as encumbrances, mortgages, liens, etc.).
What is the Equitable Conversion Doctrine?
It splits ownership between the buyer and the seller. The buyer has equitable title, while the seller has legal title and holds the property in trust for the buyer.
*The buyer’s ownership is considered real property, while the seller’s is considered personal property.
What does a “time is of the essence” clause ensure?
It ensures that the buyer MUST perform on the closing date.
If the buyer fails to perform, it will be deemed a material breach and the seller may keep the buyer’s down payment as liquidated damages.
When is Specific Performance appropriate?
When monetary damages will not fully remedy a party’s complaint.
Real property is ALWAYS considered unique, and specific performance is ALWAYS an appropriate remedy.
What is a Home Builder’s Implied Warranty?
A warranty that protects a purchaser of a newly constructed home against latent defects, AND warrants that the building is safe and fit for human habitation at the time of sale.
What are the requirements of a valid Deed?
A valid Deed must:
1. Be in writing;
2. Be signed by the grantor;
3. Identify the grantor and grantee;
4. Describe the property; AND
5. Indicate the grantor’s present intent to convey the land.
What are the six covenants of a General Warranty Deed?
3 Present Covenants (only breached at the time of delivery):
1) Seisin- grantor covenants that he is the rightful owner (has title, possession) and that deed covers described land;
2) Right to Convey- grantor has right to convey; and
3) Against encumbrances- (no servitudes, mortgages).
3 Future Covenants (only breached after delivery):
1) Quiet Enjoyment- not disturbed by third party’s claim of lawful title;
2) Warranty- grantor will defend against lawful claims of title by others; and
3) Further assurances- grantor promises to perform future acts reasonably necessary to perfect the title conveyed.
What is a Special Warranty Deed?
It ONLY warrants that the seller has not breached the covenants of title during his period of ownership (that the seller hasn’t previously conveyed the property and there are no encumbrances against the title).
What happens if a land transfer is NOT recorded?
It is considered a “wild” deed and is effective between the parties, but will NOT put subsequent purchasers on constructive notice because it’s outside the chain of title.
What is a Bona Fide Purchaser (BFP)?
A person who:
1. Takes real property without notice of a prior conveyance;
2. AND
3. Pays valuable consideration.
*Receipt of land by gift or bequest does not constitute BFP status.
*Shelter rule: a person who purchases from a BFP receives the same status and rights as a BFP.
Who must sign the deed?
The grantor of the real property MUST sign the deed, BUT they may designate an agent to sign on their behalf.
If an entity is the grantor, then authorized persons must sign the deed on behalf of the entity.
The grantee is NOT required to sign.
Mortgages
A security interest in land that serves as collateral for the repayment of a loan.
-Must be in writing.
-Mortgagor = debtor/borrower/landowner.
-Mortgagee = creditor.
Equitable Mortgage
debtor gives creditor a deed to his land as collateral for the debt (instead of executing a mortgage).
Acceleration Clauses
terms in loan agreements that require mortgagor to pay off full loan immediately if certain conditions are met (mortgagor misses too many payments).
What is required for a valid Mortgage?
It must be:
1. In writing;
2. Signed by the party to be charged; AND
3. Reasonably identify the parties and the land.
What is a Purchase Money Mortgage?
When the seller is the lender who secures the mortgage on the real property.
The buyer of the property is the borrower.
Who does the holder of a Purchase Money Mortgage have priority over?
- All claims and mortgages against the mortgagor prior to the purchase of the property;
- ALL subsequent claims and mortgages, unless defeated by a recording statute.
What is a Future Advance Mortgage?
A loan in which the lender may provide future payments under the original loan.
The lender secures a mortgage on the real property for the entire amount of the loan, including future advances.
Foreclosure and Multiple Creditors
Priority of Creditors- creditors must record their interests (recorded interests take priority in the order recorded).
Purchase Money Mortgages (PMM)- superior to all interests (creditors can agree to subordinate priority to a junior creditor).
Junior Interests- terminated by foreclosure of a superior claim.
-Foreclosure terminates all junior interests; junior interest holders cannot look to the land to satisfy debts (junior interest holders can seek a deficiency judgment against debtor, ensuring that debtor remains liable for the balance on the junior mortgage.
-Junior interests are necessary parties and must be included in a senior foreclosure action (otherwise, the junior mortgage will remain on the land).
Senior Interests- unaffected by junior interest foreclosures.
-Buyer of foreclosed property takes it subject to senior interests (buyer is not liable for senior debt, but the senior mortgage remains on the land).
What parties are involved in a Deed of Trust?
- The borrower;
- The lender; AND
- A third-party trustee who holds title to the property until the loan is paid off.
Government Zoning Power
Pursuant to its police powers, government may enact statutes to reasonably control land use (cities and counties must be authorized to do so under an enabling act.
-Zoning ordinances must be reasonably related to the public welfare, not too restrictive, and not racially discriminatory.
Variances
landowners can get government permission to be exempt or vary from literal restrictions of a zoning ordinance. To qualify for a variance, a landowner must show:
1) Undue hardship; and
2) Variance will not be contrary to public welfare.
Nonconforming Use- a once lawful existing use for property, now deemed nonconforming under new zoning laws.
-Government cannot eliminate a use all at once (zone out) unless just compensation is paid.
-Government may provide the landowner with amortization, whereby government will make payments to the landowner over a set period of time until the landowner recoups the value of the nonconforming use.
Lateral and Subjacent Support
describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor’s excavation or excessive extraction of underground liquid deposits causes subsidence (i.e. causing the landowner’s land to cave in), the neighbor will be subject to liability in a tort action.
1. Strict Liability - the neighbor (defendant) will also be strictly liable for damage to buildings on the landowner’s property if the landowner (plaintiff) can show that the weight of the buildings did not contribute to the collapse of the land. The idea here is that the plaintiff’s improved land would have collapsed even in its natural state (i.e. with no buildings) as a result of the defendant’s excavation or excessive extraction of underground liquid deposits.
2. Negligence - if the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages.
Riparian Doctrine
water belongs to those who own land bordering the watercourse. 2 theories:
1) Reasonable Use Theory (majority)- riparian owners share rights to reasonable use and are liable to other owners if their use unreasonably interferes with the other owner’s use (balance utility of use vs. gravity of harm).
2) Natural Flow Theory (minority)- riparian owners may be enjoined for any use resulting in a substantial or material reduction in other’s water quantity or quality.
(Natural uses prevail over artificial uses under both theories).
Prior appropriation doctrine
The water initially belongs to the state, but the first person to use a quantity of water from a water source for a beneficial use has the right to continue to use that quantity of water for that purpose.
Subsequent users can use the remaining water for their own beneficial purposes provided that they do not infringe on the rights of previous users.
Groundwater
water beneath the surface not confined to a known channel (water in wells)
Surface owner is entitled to make reasonable use of groundwater, but must not be wasteful.
Surface Water
water from rain, springs, or other runoff that has not yet reached a natural watercourse.
-Landowners can generally use surface water as they please, but may be liable for interrupting its flow.
-Liability depends on which theory applies:
Natural Flow Theory
owners cannot unreasonably alter natural drainage;
Common Enemy Theory
owners can do anything to change drainage or combat flow unless it causes unnecessary damage to other’s land; or
Reasonable Use Theory
utility of use is balanced against the gravity of harm from that use.
Exactions
Condition for government approval of a new development.
-Condition is usually a payment or gift of property to government to offset the development’s demands on public services.
(Due to population increase from a new housing development, government will have to install new bus stops and traffic lights in surrounding areas – government can seek some exaction (payment) from developer.
Requirements (exactions are unconstitutional unless they satisfy the following
1) Nexus- there must be a rational relationship (nexus) between the exaction sought by the government and the burden on public facilities; and
2) Proportionality- exaction must reasonably relate, in nature and scope, to the impact of the development.
What are the ways a Real Covenant can be Terminated?
- Merger;
- Release;
- Condemnation;
- Abandonment;
- Prescription;
- Agreement
- Changed Circumstances
- Estoppel
Easement
is a non-possessory interest in the use of someone else’s land.
