Rights in Real Property

Question 1

What is a profit a prendre?

Answer 1

A non-possessory right to enter another’s land and remove specific natural resources. Profits are generally created and analyzed similarly to easements.

This interest entitles the profit holder to compensation if the gov. condemns the property.

Question 2

Trade fixtures can be removed without the landlord’s consent if:

Answer 2

1. the removal occurs before, or w/n reas. time after, the lease ends AND
2. the removal will not sub. harm the prop.

Question 3

4 ways an easement can be created (WIPE)

Answer 3

1. writing
2. implication/necessity
3. prescription
4. estoppel

Question 4

If an easement benefits the land, it is:

Answer 4

An easement appurtenant, is a non-possessory right to use another’s land that benefits the easement holder’s land.

These easements automatically transfer when either estate is conveyed.

Question 5

If an easement benefits the easement holder it is:

Answer 5

An easement in Gross, which does not transfer when the land is conveyed.

Question 6

Six ways to terminate an easement? (DAMPER)

Answer 6

1. Destruction of servient estate
2. Abandonment
3. Merger
4. Prescription
5. Estoppel
6. Release (satisfying SOF)

Question 7

Does an easement holder have a duty to repair and maintain the easement?

Answer 7

Yes, the easement holder has the duty not the servient-estate owner (unless the parties agree otherwise).

However, the servient-estate owner and other easement holders who share use, are obligated to contribute the reas. costs of repairs and maintenance.

Question 8

Elements of an implied easement established by necessity

Answer 8

1. Severance of common ownership
   AND
2. Strict necessity for use and enjoyment of the land

Question 9

Elements of implied easements established by an existing prior use:

Answer 9

1. severance of common ownership
2. prior existing use
3. apparent and continuous
   AND
4. Reasonable necessity for use and enjoyment of land.

Question 10

Elements to create an express equitable servitude?

Answer 10

1. covenant must be in writing
2. the promising parties intended for it to run to their successors in interest
3. it must touch and concern the land
   AND
4. the servient-estate owner must have notice

Question 11

What is the “one stock” rule for a profit?

Answer 11

This rule applies to the division of a profit.

The transferees are limited to the amount of material take by the transferor (ie his stock), and this quantity is divided up by the transferees taking the profit.

Question 12

What is the riparian doctrine for water rights?

Answer 12

1. water belongs to owners of adjoining land
2. Reas. use that does not unreas. interfere with downstream use permitted.
3. Domestic use trumps commercial use
4. water rights cannot be sold or transferred separate from adjoining land.

(Eastern states)

Question 13

Prior-adoption doctrine for water rights.

Answer 13

• Water rights determined by priority of beneficial use (first in time, first in right)
• Water rights are unconnected to adjoining land and can be sold or transferred separately.

(Western states).

Question 14

Types of recording acts and their effect

Answer 14

fill in

Question 15

A license is a grant of permission to enter and use another’s land for a specific reason, it can be revoked at:

Answer 15

Can be revoked at any time and terminates automatically upon,
1. the death of either party
OR
2. conveyance of the licensed property.