Rights in Land Flashcards
What are the types of easement?
- Writing
- By Prescription
- By Implication
- By Necessity
How long does easement last?
FOREVER, unless terminated
How are easements terminated?
- Agreement
- Time (agreed to make it last for specific amount of time)
- Merger
- Abandonment (leave and express intent not to return)
What does it mean when a covenant “run with the land”
1) writing
2) intent
3) notice
4) privity
5) touch and concern the land
How are covenants terminated?
same as easement
What does equitable servitude look similar to?
Restrictive covenant
What is the equitable relief for equitable servitude
Injunction
What is implied reciprocal servitude?
- same restrictions for everyone in gated community
- common scheme and notice
When is a license revocable?
Whenever grantor wants to, unless coupled with an interest
What is Profit?
right to enter the land and take something off the land
What is Taking?
1) government taking private property for “public use”
2) requires “just compensation”
What are Water Rights?
- reasonable use of water
- reasonable amount of water
- reasonable means to alter flow of rain/snow (even if it harms neighbor)
What is the rule for crops?
Generally go with the property
EXCEPT, tenant with right to harvest OR express agreement
What is Natural Crop?
Real property
What is Man-made Crop?
Personal property
Adjoining Undeveloped Property
Strict liability for damage
Adjoining Developed Property
if damage would have happened anyway, strict liability
if it wouldn’t have happened, negligence
Digging on adjoining land
negligence for damage
what is Private Nuisance?
- unreasonable interference with use and enjoyment
- reasonable person standard
what is Public Nuisance?
- affects public at large
- private plaintiff must prove special damages
what is common interest owned community?
lot owners must pay dues to an association
