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Property > Rights in Land > Flashcards

Rights in Land Flashcards

1
Q

Easement

A

The right to come onto my land to do something or prevent you from doing something.

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2
Q

What are the different ways to create an easement?

A
  1. In writing
  2. Prescription: Looks like adverse possession but you dont have title
  3. Easement by implication- implied from prior use
  4. Necessity- can be positive (give you the right) or negative (prevent you from doing something)
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3
Q

How long will an easement last

A

Forever

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4
Q

What are the different ways to terminate an easement?

A
  1. Agreement
  2. Time
  3. Merger
  4. Abandonment
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5
Q

Covenants

A

Looks like an easement- grants the right to or prevents you from doing something.

  • Can be positive or restrictive.

-Generally lasts forever

-Runs with the land

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6
Q

What are the elements of a covenant

A
  1. A writing
  2. Intent between the parties
  3. Notice
  4. Privity
  5. Covenant has to touch and concern the land
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7
Q

When will a covenant not touch and concern the land?

A

When it is personal- I dont want it to go to anyone else. I just gave it to you

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8
Q

Equitable Servitude

A

looks like restrictive covenant but youre not seeking damage; youre seeking an injunction.

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9
Q

Injunction

A

I don’t want damages: money from you I want an injunction: You to stop doing it.

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10
Q

Implied reciprocal servitude

A

the large tract of land that’s divided into 50 lots with restrictions

The have to be enforceable against everyone and theres notice then the restrictions are enforceable and will go on forever.

Looking for common scheme

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11
Q

When it says equitable Servitude what are you looking for?

A

Injunction

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12
Q

License

A

You have the right to enter the property but its revocable at the will of the grantor

Unless coupled with an interest

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13
Q

Profit

A

where I grant you the right to come on to my land to take things off the ground. (the drilling, mining, plucking the fruit).

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14
Q

Taking

A

The government can take private property for public use as long as they give just compensation (FMV).

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15
Q

Water Rights

Reasonable Use

A

I can use the property reasonably (water already on the ground)

Owner can use whatever reasonable means is necessary to alter the flow of the rain or the snow even if it could harm you to some degree.

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16
Q

Water Rights

What are the two kind of crops?

A

Real Property- part of the land naturally- Trees, grass

Personal property- man made- I planted it

both will go with the land when you sell the property

EXCEPTION:
when we agree/ tenancy (not tenancy for years)- I have right to harvest the crops and they will go with me, otherwise they go with property

17
Q

Support Rights

A

Im blowing stuff up on my land and it damages ur prop.

Key looking for is if your land the adjoining land is developed or undeveloped.

18
Q

Support Rights- Undeveloped Property

A

I am strictly liable

19
Q

Support Rights- Developed Property

A

Building ect. I will be strictly liable if there would have been damage no matter what, if it would have happened anyway

o **If it wouldn’t have happened anyway, then im liable for negligence. **

20
Q

Subjacent

A

If I let someone come on my land and dig, mine. Underneath the ground and it affects you.

Then Im going to be liable based on negligence.

21
Q

Private Nuisance

A

Unreasonable interference with the use and enjoyment of your property

objective standard.

22
Q

Public nuisance

A

Something that affects the public at large. Usually gov official brings a public nuisance claim.

If a private indiv brings a public nuisance claim, I have to prove special damages (a unique harm).

23
Q

Common interest owned community

A
  • A development where the indiv owned lots have a covenant requiring the payment of dues to an association. The association provides services, facilities of the common area and enforce the covenants on the prop HOA.
24
Q

Property owners association

A

Where owners are req to belong to an association and pay the dues.

25
Q

Condominium condo

A

o The individual owners of the units of the condo. They own the interior of the structure, the walls, the ceiling ect and I as the owner will pay taxes, insurance, and get a mortgage on the condo.

o The common areas, each owner owns the common areas as tenants in common with the other respective owners

26
Q

Co-op:

A

Corporation that owns 1 or a series of buildings and they lease the indiv units to share holders. There is a mortgage on the entire property not indiv units. Each tenant is going to pay a share to the mortgage and property taxes.

27
Q

Who are the people required to form a Common Interest Community

A

Association manages the property, the day to day operations of the property and enforces the rules

Board of directors which runs everything for the association- elected by members of the association

Developer: the guy that actually develops the property- he transfers the power to the association

28
Q

Powers of the Common Interest Community

A
  1. Powers reasonably necessary to manage the property.
  2. Levy assessments and fees
  3. Manage and improve the common areas.
  4. Any rules for the betterment of the property
  5. They can take away ur privileges to the common area if youre violating a rule
  6. members have to be treated fairly, ordinary care in managing the operations and for the financial affairs of the entity
  7. Give reasonable access to the members for information
29
Q

What are the duties of the board of directors for a common interest community?

A

The duties of the board itself is to act in good faith

30
Q

Are the board members of a common interest community jointly and severally liable?

A

No, the members are not jointly and severally liable only for their own percentage of fault.

Property (5 decks)

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