Real Property (Rights To Land) Flashcards
Easement
-Right to come on my land to do something
-OR preventing you from doing something on my property
How can an easement be created?
-In writing (expressed agreement)
-Prescription (looks like adverse possession; you’ve been doing it the same way for the statutory period of time but you only have the right to do it not title. 1. Open 2. Notorious 3. Actual 4. Continuous and Hostile 4. Not exclusive use
-Implication: Implied from prior use (Because you’ve been using that “path” you can continue using it after you subdivide it
-Necessity: It’s necessary; I have to use it I have no other way of getting off my land unless it’s by using your property ( Dead end street: It’s necessary to use your land to get off my own land) Make sure there’s no other way to get off property unless I can use your land
How long will an easement last?
-Forever; Once easement is validly created it’ll last forever unless it’s terminated
-Goes on forever even w/ new owners even with no notice
How can we terminate an easement?
-By agreement
-By time; we could’ve set it up to last for certain time or years
-Merger: If one owner buys the eased property no more easement on that property
-Abandonment: You both have to leave and express an intent not to return (You stop doing what you’ve been doing and no intent to ever return)
Covenants
-Grants the right to do something or restricts the right to do something
-Looks like a contract; always created in writing it is governed by contract principles
-Can be restrictive or positive ( I let you or I don’t?
How long does covenants last?
-Covenants “runs with land”
-Generally it’ll go along for forever; 1) writing 2) intent 3) notice 4) privity 5) touch and concerns the land (it’s about the use of the property; not personal)
-When it’s personal it ONLY will be covenant for YOU not next owner
-A lease will be personal and won’t run with the land ( individual lease/contract)
99% it’ll run with the land
Equitable Servitude
-Looks like a restrictive covenant but I want you to stop doing it; I seek relief for injunction.
Implied Reciprocal Servitude
-Everyone in a subdivision has the same restrictions
-As long as everyone is restricted and is given notice it will be enforceable and the restrictions will go on as long as possible
-Common scheme/restriction
-For restrictions not to be valid there has to be a total change (started as residential now it’s a market)
License
-If I grant you a license you only have the right to come onto my property but it’s revocable at the right of the grantor
-I can kick you out whenever I want
-If you don’t behave I can kick you out
-Unless right is coupled with an interest; future “yes but coupled w/ interest not revocable”
Profit
-Name of the interest; to take things off the land ( drilling, mining, picking fruit like dig or take off land
Taking
-Government can take private property as long as it’s for public purpose and just compensation ( fair market value
Water rights
-Bodies of water
-Reasonable use of the water; the lake and I can use it in a reasonable manner, reasonable use
-Can be water from the sky ( rain + snow) the owner can use whatever reasonable matter to alter the flow even if it’ll alter a little bit
Crops
-If crops on the land naturally; is considered part of the real property and will go with the land when you sell it (it’ll go with the the title)
-If I plant something on land: then it’s personal property it still goes with you
-Exception: The crops grown by me wont go to you if it’s expressly held by the grantor OR in a tenant with right to harvest
Adjoining Land
-I’m on green acre you’re on black acre; I’m blowing stuff on my land and it damages your property “If your land is developed or undeveloped” if undeveloped I am strictly liable
- If developed I will be liable no matter what; if damage would’ve happened anyway
Digging on Ajoining
-If digging on my ground and it affects you then I’m liable based on negligence
