Rights in Land Flashcards
Easement
The right to come onto my land to do something or prevent you from doing something.
What are the different ways to create an easement?
- In writing
- Prescription: Looks like adverse possession but you dont have title
- Easement by implication- implied from prior use
- Necessity- can be positive (give you the right) or negative (prevent you from doing something)
How long will an easement last
Forever
What are the different ways to terminate an easement?
- Agreement
- Time
- Merger
- Abandonment
Covenants
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
What are the elements of a covenant
- A writing
- Intent between the parties
- Notice
- Privity
- Covenant has to touch and concern the land
When will a covenant not touch and concern the land?
When it is personal- I dont want it to go to anyone else. I just gave it to you
Equitable Servitude
looks like restrictive covenant but youre not seeking damage; youre seeking an injunction.
Injunction
I don’t want damages: money from you I want an injunction: You to stop doing it.
Implied reciprocal servitude
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
When it says equitable Servitude what are you looking for?
Injunction
License
You have the right to enter the property but its revocable at the will of the grantor
Unless coupled with an interest
Profit
where I grant you the right to come on to my land to take things off the ground. (the drilling, mining, plucking the fruit).
Taking
The government can take private property for public use as long as they give just compensation (FMV).
Water Rights
Reasonable Use
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.
Water Rights
What are the two kind of crops?
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
Support Rights
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.
Support Rights- Undeveloped Property
I am strictly liable
Support Rights- Developed Property
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. **
Subjacent
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.
Private Nuisance
Unreasonable interference with the use and enjoyment of your property
objective standard.
Public nuisance
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).
Common interest owned community
- 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.
Property owners association
Where owners are req to belong to an association and pay the dues.
