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Property Law > Rights in Land > Flashcards

Rights in Land Flashcards

1
Q

Rights in Land

Easement

A

right to come onto land to do something or prevent you from doing somehting

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2
Q

Rights in Land

Ways to create an easement
PrEx NecImp

A

1) express
2) prescription
3) implication
4) necessity

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3
Q

Rights in Land

Esement by prescription

A

(like adverse possession)
-continuous for statutory period
-open and notorious
-actual
-hostile

(does not need to be exclusive)

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4
Q

Rights in Land

Easement by Implication

A

implied from prior use

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5
Q

Rights in Land

Easement by Necessity

A

no other way to get on property
(necessary-need to do it)

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6
Q

Rights in Land

Positive v Negative Easements

A

positive- right to do something on the land
negative-prevent doing something on the land

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7
Q

Rights in Land

How long do Easements last

A

FOREVER

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8
Q

Rights in Land

Termination of Easement

Ways to terminate and easement
I Agree to Merge and Abandon in Time

A

1) by agreement
2) time
3) merger
4) abandonment
I agree to merge and abandon in time

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9
Q

Rights in Land

Requirements for Abandonment of Easement

A

1) must leave AND
2) express intent not to return

nonuse is NOT enough

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10
Q

Rights in Land

Covenant Creation

A

always created in writing
promise for a promise
governed by contract principles

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11
Q

Rights in Land

Negative v Positive Covenant

A

positive: allowed to do something
negative: restricted from doing something

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12
Q

Rights in Land

How long do covenants last?

A

Forever if they ‘run with the land’

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13
Q

Rights in Land

What does it mean for a covenant to ‘run with the land’?

A

1) in writing
2) intent
3) notice
4) privity
5) touch and concern the land

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14
Q

Rights in Land

What does it mean to “touch and concern the land”?

A

about the use of the land

means it is not for personal use

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15
Q

Rights in Land

What does it mean to not run with the land

A

1) personal use or
2) a covennant in a lease (contractual relationship)

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16
Q

Rights in Land

Equitable Servitude

A

looks like a restrictive covenant but seeking injuction instead of damages

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17
Q

Rights in Land

Implied Reciprocal Servitude

A

large tract of land/divided
restriction against all landowners
1) must be enforceable againast ALL AND
2) notice

Go on forever and are enforceable

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18
Q

Rights in Land

how to know there is an implied reciprocal servitude

A

look for common scheme- restrictions common to everyone

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19
Q

Rights in Land

How long do these servitudes last?

A

forever unless change in circumstance
-restrictions last forever as long as profile and character of community remains the same

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20
Q

Rights in Land

License

A

right to enter property
-revocable at the will of the grantor

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21
Q

Rights in Land

Profit

A

interest in land to take things off of the land (mining, drilling, etc)

22
Q

Rights in Land

Taking

A

governemnt can take private property for public use for jsut compensation

23
Q

Rights in Land

Water Rights

A

2 types of water questions
-bodies of water
-melted snow or rain

24
Q

Rights in Land

Quesiton with bodies of water on 2 lands

A

reasonable use of water if it affects the other landowner

25
Q

Rights in Land

Question with melted snow or rain

A

reasoanble means to alter flow even if it harms other owner to some degree (cannot flood, just reasonable)

26
Q

Rights in Land

Crops

A

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

27
Q

Rights in Land

Support Rights

A

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)

28
Q

Rights in Land

Underneath, subjacent digging

A

Liable based on negligence

29
Q

Nuisance

Private Nuisance

A

unreasonable intereference with use and enjoyments of property

objective, reasonable person standard

30
Q

Nuisance

Public Nuisance

A

effects public at large
-suit is brought by a public official
-if private idfnividual brings the suit, must prove special damages

31
Q

CIC

Common Interest Owned Community

A

development where individual lot owners have covenant requiring payment of dues to an association (HOA)

32
Q

CIC

Types of CICs

A

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)

33
Q

Condos

CIC Condominium Declaration

A

sets forth obligations and rights of owners and each owners share percentage to pay taxes, maintenance etc

34
Q

Rights in Land

Condominium ownership

A

each owner owns indiivdual structure of unit (walls, celing ,etc)
common areas- each owner owns as Tin C with other owners (cannot partition)

35
Q

CoOps

Co-Op

A

corporation owns one or more buildings and lease to shareholders
-blanket mortgage on whole property

36
Q

Running a CIC

A

1) Declaration- contains rules, covenants, etc.
2) Governing documetns: bylaws, Articles of Incorporation governing the association

Declaration is always given most weight

37
Q

CICs

Association

A

manages day to day, board runs the association, board memeber elected by members of the association, board may hire a manager

38
Q

CIC

Developer

A

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)

39
Q

CIC

What board can and cant do.
Board rules and fees must be:

A

-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

39
Q

CIC

community powers of the board

A

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.

40
Q

CIC

Borard’s Duty to Members

A

1) ordinary care in managing property and finainacial affairs
2) transparency (have to give reasonable access to members to information)

41
Q

CIC

Duties of Board

A

-act in GF
-act as ordinary director of CIC

42
Q

CIC

Liability of Board Members

A

not joint and severally liable

43
Q

Fixtures

A

Chattel that has been so affixed to the land that it has ceased being personal property and has become part of the realty

44
Q

Common ownership

A

When a person owns both the land and the fixtures affixed to it

45
Q

Divided ownership

A

Occurs when a landlord owns the property, but someone wise affixed the chattel to the land

46
Q

Ownership of chattel in divided interest cases

A

Question is whether the ownership of the chattel has passed to the landowner.

47
Q

Accession

A

Term used to describe the intent of the annexor to make the chattels a permanent part of the real estate

48
Q

When do items become part of realty

A

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

49
Q

Trade fixtures exception

A

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

Property Law (10 decks)

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