Rights in Land Flashcards
What are profits
The holder of a profit has the right to go onto someon else’s land and take something off of it
How are profits created?
Profits can only be created expressly or by prescription
How is a profit created by prescription?
If someone actually, openly, exclusively notoriously and with hostile intent uses the land to profit for statutory period
How are profits terminated
Profits are terminated by:
1. destruction of servient estate
2. certain actions of the profit holder
3. certain actions of the owner of the servient estate
What are licenses?
A license is a privilege, usually to do something on someone else’s property - it is a personal right and not an interest in the land
Is a license a personal right or interest in the land?
A license is a personal right.
Are licenses freely revocable?
Generally yes, licenses may be freely revoked at any time
When are licenses not freely revocable
A license will not be freely revocable if it is either
1. coupled with an interest
2. executed
When is a license coupled with an interest?
A license is coupled with an interest when the licensee purchases personal property that is located on the licensor’s property and is given permission to come onto the land to claim that property
When is a license executed?
An executory license is when a licensee spends money or labor in reliance on the license, in which case the license will be irrevocable until the person gets the value out of the expenditure
Are licenses transferable?
No, licenses are generally not transferable unless the licensor so intends
When do licenses terminate?
Licenses terminate on the death of the licensor or the conveyance of the servient estate
What are fixtures?
A fixture is a chattel, which is personal property attached to the land
When does a chattel become a fixture
A chattel becomes a fixture if it is owned by the landowner and is so necessary or convenient ot the use of the land that it is regarded as part of the land
Is the intent to annex a chattel a question of fact or law?
Intent to annex a chattel to real property is a question of fact to be judged by a reasonable person standard
