Rights in Land Flashcards
Rights in Land
Easement
right to come onto land to do something or prevent you from doing somehting
Rights in Land
Ways to create an easement
PrEx NecImp
1) express
2) prescription
3) implication
4) necessity
Rights in Land
Esement by prescription
(like adverse possession)
-continuous for statutory period
-open and notorious
-actual
-hostile
(does not need to be exclusive)
Rights in Land
Easement by Implication
implied from prior use
Rights in Land
Easement by Necessity
no other way to get on property
(necessary-need to do it)
Rights in Land
Positive v Negative Easements
positive- right to do something on the land
negative-prevent doing something on the land
Rights in Land
How long do Easements last
FOREVER
Rights in Land
Termination of Easement
Ways to terminate and easement
I Agree to Merge and Abandon in Time
1) by agreement
2) time
3) merger
4) abandonment
I agree to merge and abandon in time
Rights in Land
Requirements for Abandonment of Easement
1) must leave AND
2) express intent not to return
nonuse is NOT enough
Rights in Land
Covenant Creation
always created in writing
promise for a promise
governed by contract principles
Rights in Land
Negative v Positive Covenant
positive: allowed to do something
negative: restricted from doing something
Rights in Land
How long do covenants last?
Forever if they ‘run with the land’
Rights in Land
What does it mean for a covenant to ‘run with the land’?
1) in writing
2) intent
3) notice
4) privity
5) touch and concern the land
Rights in Land
What does it mean to “touch and concern the land”?
about the use of the land
means it is not for personal use
Rights in Land
What does it mean to not run with the land
1) personal use or
2) a covennant in a lease (contractual relationship)
Rights in Land
Equitable Servitude
looks like a restrictive covenant but seeking injuction instead of damages
Rights in Land
Implied Reciprocal Servitude
large tract of land/divided
restriction against all landowners
1) must be enforceable againast ALL AND
2) notice
Go on forever and are enforceable
Rights in Land
how to know there is an implied reciprocal servitude
look for common scheme- restrictions common to everyone
Rights in Land
How long do these servitudes last?
forever unless change in circumstance
-restrictions last forever as long as profile and character of community remains the same
Rights in Land
License
right to enter property
-revocable at the will of the grantor
Rights in Land
Profit
interest in land to take things off of the land (mining, drilling, etc)
Rights in Land
Taking
governemnt can take private property for public use for jsut compensation
Rights in Land
Water Rights
2 types of water questions
-bodies of water
-melted snow or rain
Rights in Land
Quesiton with bodies of water on 2 lands
reasonable use of water if it affects the other landowner
Rights in Land
Question with melted snow or rain
reasoanble means to alter flow even if it harms other owner to some degree (cannot flood, just reasonable)
Rights in Land
Crops
1) If on the property, (trees, grass) naturally, part of the real property
-real property goes along with the title
2) If planted, personal property
-still goes with grantee unless
a) expressly held by grantor or
b) tenants had right to harvest before sale
Rights in Land
Support Rights
1) undeveloped land damages= strict liability
2) developed=
a)strictly liable if it would have happened anyway (building did not contribute)
b) negligence if it would not have happened (buildings contributed to collapse)
Rights in Land
Underneath, subjacent digging
Liable based on negligence
Nuisance
Private Nuisance
unreasonable intereference with use and enjoyments of property
objective, reasonable person standard
Nuisance
Public Nuisance
effects public at large
-suit is brought by a public official
-if private idfnividual brings the suit, must prove special damages
CIC
Common Interest Owned Community
development where individual lot owners have covenant requiring payment of dues to an association (HOA)
CIC
Types of CICs
1) Property owners association: owners required to belong and pay dues to association
2) condominium: created by statute, declaration, and a plat describing boundaries and common areas (owners have individual mortgages)
Condos
CIC Condominium Declaration
sets forth obligations and rights of owners and each owners share percentage to pay taxes, maintenance etc
Rights in Land
Condominium ownership
each owner owns indiivdual structure of unit (walls, celing ,etc)
common areas- each owner owns as Tin C with other owners (cannot partition)
CoOps
Co-Op
corporation owns one or more buildings and lease to shareholders
-blanket mortgage on whole property
Running a CIC
1) Declaration- contains rules, covenants, etc.
2) Governing documetns: bylaws, Articles of Incorporation governing the association
Declaration is always given most weight
CICs
Association
manages day to day, board runs the association, board memeber elected by members of the association, board may hire a manager
CIC
Developer
creates assopciation and over time transfers power to the association–association can terminate rights with developer (has 2 years to vote to terminate by 2/3 vote)–may not use power to change declaration, to change character of neighborhood (unless declaration allows)
CIC
What board can and cant do.
Board rules and fees must be:
-reasonably related to furthering a legitimate purpose of the association
-cannot make rules that restrict use of any owner
-can impose fines and reasonable inspections
-can take away privileges
-can sue
CIC
community powers of the board
board msut act reasonably necessary for property at lard (ie- if the property needs a new roof, must replace)
-board levies a tax for repairs, implements fees, etc.
CIC
Borard’s Duty to Members
1) ordinary care in managing property and finainacial affairs
2) transparency (have to give reasonable access to members to information)
CIC
Duties of Board
-act in GF
-act as ordinary director of CIC
CIC
Liability of Board Members
not joint and severally liable
Fixtures
Chattel that has been so affixed to the land that it has ceased being personal property and has become part of the realty
Common ownership
When a person owns both the land and the fixtures affixed to it
Divided ownership
Occurs when a landlord owns the property, but someone wise affixed the chattel to the land
Ownership of chattel in divided interest cases
Question is whether the ownership of the chattel has passed to the landowner.
Accession
Term used to describe the intent of the annexor to make the chattels a permanent part of the real estate
When do items become part of realty
When they become incorporated into the realty sinfully thaf they lose thier identity or when identitificario. Of the xhattelnisnsrill possible but removal would cause considerable loss or destruction
Trade fixtures exception
Tenants could remove an item used in the trade or business that would have otherwise become a fixture on the realty unless it will cause substantial damage
