Rights in land Flashcards
Easement
right to do something or not do something (never a possessory interest in land)
How long do easements last?
forever
express easement creation
write something out
prescriptive easement creation
adverse possession, but no title (CNOAH)
no exclusivity required
implied easement
From prior use; owned an entire parcel, transferred it and been using it
easement by necessity
no other way to get off land (not a matter of convenience)
terminating easements
1) agreement to terminate
2) over time
3) MERGER
4) abandon- leave and express no intent to return
covenants
looks like a k– promise for promise (lasts forever when created)
runs with land
1) writing
2) intent bw parties
3) notice
4) privity
5) touch and concern the land (i.e. was not meant to be personal)
equitable servitude
restrictive covenant, but seeking injunction
implied reciprocal servitude
restrictions to all land owners, need notice, common scheme to everyone
need a whole change in character
license
revocable at will of landowner unless right is coupled with interest
profit
taking something off land (drilling, fruit)
taking
priv. prop, for public use, fair market value (just compensation)
water rights
reasonable use of water or lake
rain
reasonable to alter flow even if it may harm
