Rights in Land Flashcards
Easement
= the right to use OR prohibit use of someone else’s land
How can an easement be created?
- in writing (an express agreement)
- by prescription (almost same elements as adverse possession: open, notorious, actual, continuous, hostile–BUT DON’T need exclusive use)
- by implication b/c of prior use (e.g., Jon always walks across his field, he sells half of field, but he has implied easement to continue walking across it)
- by necessity (e.g., only way for me to exit my property is by walking across neighbor’s land)
How long will an easement last?
Forever – UNLESS it’s terminated
How can an easement be terminated?
- Agreement to end it
- Time (e.g., we set up the easement to only last for X amount of time)
- Merger (guy buys out the land through which he had an easement)
- Abandonment = if you stop using the easement AND you show an intent not to return *non-use alone is not enough
Covenant
= promise for a promise (looks like a contract) - is ALWAYS in writing
*generally lasts forever (“runs with the land”)
*can be positive (“you can use the land X way”) OR negative (“you cannot use the land X way”)
When does a covenant “run with the land”?
If the covenant is…
- In writing
- Parties must intend for the covenant to run w/land (e.g., “and his heirs and assigns”)
- Notice (purchaser must have actual or constructive knowledge of the covenant’s existence–usually does b/c recorded in chain of title)
- Privity (there’s a relationship b/t the original party & successor to his property interest)
- the covenant touches AND concerns the land (it’s about the use of the property – NOT about something personal or a contractual relationship)
*100% this will be tested on MBE
Equitable Servitude
= looks like a Restrictive Covenant - but you’re seeking an Injunction (NOT money damages)
Implied Reciprocal Servitude
= a “common scheme” whereby certain restrictions apply to all plots of land in the group – it’s implied that all owners have received notice
aka. “reciprocal negative servitudes” & “mutual rights of enforcement”
E.g., owner subdivides large piece of land into smaller plots for houses to create a planned subdivision – like Chestnut Hill)
License
= someone gives you right to enter his property
*grantor can revoke whenever he wants – UNLESS license is coupled w/an interest
E.g., ticket to enter stadium for football game gives you license to enter, but back of ticket explains you can be kicked out at stadium’s discretion
Profit
“Profit” = someone gives you right to enter his land & extract something from it (e.g., rights to mine it, harvest lumber)
*it’s a NON-possessory interest
Taking
Rule:
- gov’t is taking private property for public use
- gov’t must pay just compensation - i.e., fair market value
*“public use” is interpreted very broadly
Describe the various Water Rights Doctrines.
Riparian Doctrine (Eastern States)
- water belongs to owners of adjoining land
-
Reasonable Use → a riparian is free to make any reasonable use of the water that does not unreasonably interfere with downstream use
- **DOMESTIC (“natural”) use TRUMPSCOMMERCIAL (“artificial”) use - and can be unlimited
- water rights CANNOT be sold or transferred separate from adjoining land
Prior-Appropriation Doctrine (Western States)
- First in Time, First in Right → water rights determined by priority of beneficial use
- water rights are unconnected to adjoining land and CAN be sold or transferred separately
Crops
= they generally go with the property
if Naturally-Occurring → “real property” (e.g., old growth forest)
if Man-Made → “personal property” (e.g., I planted sunflowers)
*EXCEPTIONS: crops don’t go with the property when…
- parties make an express agreement that one party keeps them
- in a tenancy, get to harvest crops you planted before end of lease term – UNLESS it’s a Tenancy for Years
Adjoining Undeveloped Property
adjacent landowner is doing something on his land that damages yours…
= if it was UNdeveloped property → strict liability for such damage
Adjoining Developed Property
adjacent landowner is doing something on his land that damages yours…
= if it was DEVELOPED property → strict liability if the damage would’ve happened anyways – BUT if damage would NOT have happened anyways, it’s negligence
