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Property BAR > Rights in Land > Flashcards

Rights in Land Flashcards

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1
Q

What remedy when covenants are breached?

A

Award of damages

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2
Q

What remedy when equitible servitudes are breached?

A

Injunction only

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3
Q

Implied reciprocal servitude

A

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.
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4
Q

Creation of Covenants

A
  • Privity (horizontal and vertical)
  • Intent
  • Notice
  • Touch and Concern the land
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5
Q

Horizontal Privity

A 
Exists in 3 relationships: 
1. LL/t
2. Grantor/Grantee 
3. Mortgagor/Mortgagee
Requires privity of contract in connection w/ the land.
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6
Q

Vertical Privity

A

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

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7
Q

Intent

A
  • In writing (S of F)

- includes language that shows parties intent.

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8
Q

Notice

A

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

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9
Q

Touch and Concern the land

A

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

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10
Q

Creation of equitible servitudes

A

TIN

  • touch and concern the land
  • intent (if can’t est intent in the covenant may do so by showing a common scheme)
  • notice
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11
Q

Ways to terminate a covenant or equitible servitude.

A
  • 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.
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12
Q

Checklist for easements

A
  1. was one properly created?
  2. what is the scope?
  3. has the easement been terminated?
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13
Q

Easements can be created:

A

expressly, impliedly, or by prescription

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14
Q

Express easement

A

must satisfy S of F

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15
Q

Types of implied easements

A
  1. implied by prior use
  2. by necessity
  3. by plat
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16
Q

Easement implied by prior use

A
  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.
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17
Q

Easement by necessity

A
  1. common ownership of the dominant and servient estate, then serverance; and
  2. strict necessity for the easement at the time of severance.
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18
Q

Easement by plat

A

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

19
Q

Easement by prescription (AP)

A

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

20
Q

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

A

surcharging the easement.

21
Q

Servient Estate

A

Estate that is burdened by the easement

22
Q

Dominant Estate

A

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

23
Q

Easement appurtenant

A

Benefits a parcel of land, dominant estate.

24
Q

Easement in gross

A

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

25
Q

Ways to terminate an easement

A
  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
26
Q

Merger of title

A

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

27
Q

Written release

A

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

28
Q

Abandonment

A
  1. proof of intent to abandon

2. affirmative act in furtherance of the intent

29
Q

Estoppel

A

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

30
Q

Severance

A

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

31
Q

Profit

A

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
32
Q

Licenses

A

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.

33
Q

A chattel becomes a fixture if

A

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.
34
Q

Power to zone

A

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.

35
Q

Enforcing zoning ordinances

A
  1. Notice of zoning violation.
  2. Cease and desist
  3. challenges (protest zone)
  4. tenants and occupiers liable
36
Q

Constitutional Limitations on zoning regs

A
  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.)
37
Q

Variance from area restriction

A
  1. practical difficulties in meeting reqs OR

2. undue hardship

38
Q

Variance from use restrictions

A
  1. undue hardship so that w/o variance there is no viable use of the property.
39
Q

Exactions are permissible only if:

A
  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.
40
Q

Lateral Support

A

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

41
Q

Subjacent Support

A

(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.

42
Q

Majority view on water rights

A

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

43
Q

Diffuse Surface Water

A
  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.

Property BAR (9 decks)

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