Rights in Land

Question 1

What remedy when covenants are breached?

Answer 1

Award of damages

Question 2

What remedy when equitible servitudes are breached?

Answer 2

Injunction only

Question 3

Implied reciprocal servitude

Answer 3

Where one owner sells lots w/ restrictions that benefit the land retained by that owner, after which the owner can’t violate the same restriction. The restriction becomes mutual, benefits that owners land, and the land sold.

• only way to impose is by showing a common scheme/plan
• enforcement by: original G’or, any purchaser affected, or an association for common land conveyed to it.

Question 4

Creation of Covenants

Answer 4

• Privity (horizontal and vertical)
• Intent
• Notice
• Touch and Concern the land

Question 5

Horizontal Privity

Answer 5

Exists in 3 relationships: 
1. LL/t
2. Grantor/Grantee 
3. Mortgagor/Mortgagee
Requires privity of contract in connection w/ the land.

Question 6

Vertical Privity

Answer 6

The relationship b/w the original party to a running covenant and the successor in interest to the original party.

Question 7

Intent

Answer 7

• In writing (S of F)

- includes language that shows parties intent.

Question 8

Notice

Answer 8

Current owner of servient estate must take w/ notice of the restriction. (actual, constructive, inquiry). ONLY applies to servient estate.

Question 9

Touch and Concern the land

Answer 9

Servient: restriction must reduce the use and enjoyment of the servient estate. this estate serves the dominant estate.
dominant: has benefit of the covenant and right to enforce the ct.
burden must run w/ servient and dominant estate

Question 10

Creation of equitible servitudes

Answer 10

TIN

• touch and concern the land
• intent (if can’t est intent in the covenant may do so by showing a common scheme)
• notice

Question 11

Ways to terminate a covenant or equitible servitude.

Answer 11

• written release
• merger of the dominant and servient estates
• abandonment
• estoppel OR
• changed circumstances so that the reason behind the restriction is no longer valid.

Question 12

Checklist for easements

Answer 12

1. was one properly created?
2. what is the scope?
3. has the easement been terminated?

Question 13

Easements can be created:

Answer 13

expressly, impliedly, or by prescription

Question 14

Express easement

Answer 14

must satisfy S of F

Question 15

Types of implied easements

Answer 15

1. implied by prior use
2. by necessity
3. by plat

Question 16

Easement implied by prior use

Answer 16

1. severance of title to land held in common ownership
2. use giving rise to easement was in existence at time of serverance
3. use was apparent and could be discovered upon a R inspection; and
4. at time of severance, easement was necessary for the proper and R enjoyment of the dominant tract.

Question 17

Easement by necessity

Answer 17

1. common ownership of the dominant and servient estate, then serverance; and
2. strict necessity for the easement at the time of severance.

Question 18

Easement by plat

Answer 18

A buyer in a platted subdivision acquires an implied easement to use streets, alleys, and parks in the subdivision.

Question 19

Easement by prescription (AP)

Answer 19

If someone openly, notoriously, and exclusively used land w/ hostile intent for the statutory period.

Question 20

If use of an easement goes beyond what is R what is it called?

Answer 20

surcharging the easement.

Question 21

Servient Estate

Answer 21

Estate that is burdened by the easement

Question 22

Dominant Estate

Answer 22

Estate that is benefited by the easement (do not always have to have, like w/ power company example)

Question 23

Easement appurtenant

Answer 23

Benefits a parcel of land, dominant estate.

Question 24

Easement in gross

Answer 24

benefits a person or entitity rather than a piece of land. No dominant estae.

Question 25

Ways to terminate an easement

Answer 25

1. destruction of servient estate. 2. termination based on actions of easement holder 3. merger of title 4. written release 5. abandonment 6. estoppel 7. severance 8. termination based on actions of owner of servient estate 9. Prescription 10. servient estate sold to BFP 11. end of necessity

Question 26

Merger of title

Answer 26

Occurs when the owner of the dominant estate also acquires the servient estate

Question 27

Written release

Answer 27

expressly terminates the owners rights in the easement (must satisfy the S of F)

Question 28

Abandonment

Answer 28

1. proof of intent to abandon | 2. affirmative act in furtherance of the intent

Question 29

Estoppel

Answer 29

the owner of the servient estate Fly and detrimentally relies on the easement holders action/abandonment

Question 30

Severance

Answer 30

the owner of the dominant tries to sever the easement from the dominant estate (only arises w/ easements appurtenant)

Question 31

Profit

Answer 31

A nonpossessory interest in land. The holder of the profit has the right to go on someone elses land and take something off of it. - profits are transferable - created expressly or by prescription only - termination: same as easements

Question 32

Licenses

Answer 32

A privilege, usually to do something on someone elses property. Not an interest in the land. - terminate on the death of the licensor or the conveyance of the servient estate.

Question 33

A chattel becomes a fixture if

Answer 33

it is owned by the landowner and is so necessary or convient to the use of the land that it is regarded as part of such. - a deed transfers all fixtures unless stated otherwise - a mortgage covers the land and all its chattels, no matter when they are annexed, can't be removed w/o M'ee's permission.

Question 34

Power to zone

Answer 34

Granted by statute. gives the political subdivision the ability to divide its geographical areas into zones where some uses are permitted and others aren't.

Question 35

Enforcing zoning ordinances

Answer 35

1. Notice of zoning violation. 2. Cease and desist 3. challenges (protest zone) 4. tenants and occupiers liable

Question 36

Constitutional Limitations on zoning regs

Answer 36

1. Procedural DP (notice and opp to meet) 2. Substantive DP (Rly related to public health, welfare, or safety.) 3. first amendment 4. Takings (public use and just comp.)

Question 37

Variance from area restriction

Answer 37

1. practical difficulties in meeting reqs OR | 2. undue hardship

Question 38

Variance from use restrictions

Answer 38

1. undue hardship so that w/o variance there is no viable use of the property.

Question 39

Exactions are permissible only if:

Answer 39

1. local gov can demonstrate essential nexus b/w public need and owners use and 2. amount of exaction is approximately equal to the additional public cost imposed by the use.

Question 40

Lateral Support

Answer 40

Right of a landowner to physical support of their land it its natural state by adjoining land. (is land subsiding?)

Question 41

Subjacent Support

Answer 41

(i.e. mineral) Right of support extends to: land in its natural state and buldings existing on the date when the subjacent estate was severed from the surface.

Question 42

Majority view on water rights

Answer 42

Anyone who is w/n the watershed has a right to make R use of the water.

Question 43

Diffuse Surface Water

Answer 43

1. common enemy (eastern) - floodwater can be diverted by any method onto anothers land. 2. civil law rule (western) - no interference w/ any surface water is allowed. 3. R use rule: surface water can be diverted onto anothers land if using R means to do so.