Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Rights in Land > Flashcards

Rights in Land Flashcards

1
Q

Easements

A

(a) The right to use some else’s land and do something

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

2) Creation of an Easement

A

Writing
By Prescription
(a) By Implication
(b) By Necessity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

(b) By Prescription

A

(i) Looks like adverse possession, except no title, no exclusive use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

(c) By Implication

A

(i) Implied from prior use; even if the property is sold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

(d) By Necessity

A

(i) To get to the only road if the property is land-locked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Easement - Time

A

(a) Easement will last forever unless terminated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How to Terminate Easement

A

(i) Agreement
(ii) Time
Merger
Abandonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Easement Abandonment

A
  1. Leave AND
  2. Express Intention not to return
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Easement Termination (2)

A

ENDCRAMP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

ENDCRAMP

A

Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
(a) Prescription

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

(a) Estoppel - Easement

A

(i) Oral stop of use of Easement + abandonment of use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

(b) Necessity - Easement

A

(i) Easement created by Necessity cease to exist as soon as the necessity to use it ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

(c) Destruction - Easement

A

(i) Destruction of the servient land, other than by willful destruction by the servient landowner, will terminate the easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

(d) Condemnation - Easement

A

(i) Condemnation of servient land by Gov, will end the easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

(e) Release - Easement

A

(i) Release by the easement holder to the servient land owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

(f) Abandonment Easement

A

(i) easement holder must show, by physical action an intent to never use the easement again

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

(g) Merger - Easement

A

(i) merger of servient and dominant property

18
Q

(h) Prescription

A

(i) looks like adverse possession, except no title, no exclusive use

19
Q

(a) Covenant

A

(i) Promise for Promise
(ii) Always created in WRITING
(iii) Generally Lasts FOREVER

20
Q

(b) A Covenant “Runs With The Land” if;

A

(i) Writing
(ii) Intent
(iii) Notice
(iv) Privity
(v) Touch and Concerns the Land

21
Q

B) Equitable Servitudes

A

(a) Looks like a restrictive Covenant
(b) Seek equitable relief: Injection

22
Q

2) Implied Reciprocal Servitude

A

(a) 50 or 100 lots
(b) Gated Communities
(c) Keeps going unless a change in the character of the area
(d) Common Scheme and Notice

23
Q

C) Licenses

A

(a) Right to enter
(b) Freely revocable by Grantor
(c) UNLESS coupled with interest

24
Q

D) Profit

A

(a) A right to enter the land and take something off the land
(i) Mining
(ii) Hunting
(iii) Drilling

25
Q

E) Taking

A

(a) Government taking private property for any public use (modern rule)
(b) Requires ‘Just Compensation’

26
Q

F) Water Rights

A

1) Reasonable use of water
2) Reasonable amount of water
3) Reasonable means to alter flow of rain/snow
(a) Even if it harms you a bit

27
Q

4) Crops

A

(a) Generally go with the property
(b) Natural: “real property”
(c) Man-Made: “Personal Property”

28
Q

1) Adjoining Underdeveloped property

A

(a) Strict Liability for damage

29
Q

2) Adjoining Developed Property

A

(a) Strict Liability if damage would have happened anyway
(b) Or else negligence

30
Q

3) Digging on Adjoining Land

A

(a) Negligence for Damage

31
Q

H) Nuisance

A

Private
Public

32
Q

1) Private Nuisance

A

(a) Unreasonable interference with use & enjoyment
(b) Reasonable person standard

33
Q

2) Public Nuisance

A

(a) Affects public at large
(b) Private Plaintiff must prove Special Damages

34
Q

I) Common Interest Owned Community

A

(a) Lot owners must pay dues to an association

35
Q

2) Property Owners Association

A

(a) Owner required to belong to association and pay dues for services to common areas

36
Q

3) Condominium

A

(a) Created by statute
(b) Must file a declaration and Plat
(i) Plat = Physical boundary of each area

37
Q

4) Condominium Owners

A

(a) Pay Taxes, insurances, mortgages for their unit
(b) Own Common Area as Tenants in Common
(c) Cannot separate ownership of unit and Common area

38
Q

5) Co-Op

A

(a) Corporation owns the unit, and leases it to shareholders
(b) One Mortgage on WHOLE Property
(c) Tenant pays share of fee for taxes and mortgage

39
Q

6) Forming a Common Interest Owned Community

A

(a) Declaration
(b) Association
(c) Board
(d) Developer
(i) Developer gives power to the association
(ii) Association has 2 years for /3 vote to terminate Developer
(iii) Developer cannot change declaration (unless stated)

40
Q

7) Board

A

(a) Acts on Behalf of Assoc. to MANAGE THE COMMUNITY

Property (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions