Servitudes Flashcards
What is the difference between a license and a profit a prende?
A profit a prendre, which is a property right protected by the due process clause when a person can go on another land to take resources.
What is a variance?
A variance permits a waiver from a zoning requirement. A variance will be granted when an owner convinces a zoning appeals board that without the variance the owner would suffer a hardship regarding the use of the land. In this case, the board approved the woman’s application to operate a court-reporting service in her house, and thus this jurisdiction allows use variances that permit nonresidential uses in areas that are otherwise zoned residential.
B is incorrect. The doctrine of amortization is a means used to terminate a nonconforming use. A nonconforming use is a use that was in existence at the time of the zoning change, and was allowed at that time, but is not permitted under the new zoning. In this case, at the time of the zoning change the woman was using her house as a residence, and residential use was permitted under the new zoning. Thus, her use was not a nonconforming use at the time of the zoning change.
C is incorrect. The doctrine of change of circumstances is used to terminate an equitable servitude. An equitable servitude is a private restriction regarding the use of land. Zoning, on the other hand, is public land use regulation. As stated above, only a variance permits a waiver from a zoning requirement. Thus, the doctrine of changed circumstances is inapplicable in these circumstances.
D is incorrect. A nonconforming use is a use that was in existence at the time of the zoning change, and was allowed at that time, but is no longer permitted under the new zoning. At the time of the zoning change in this case, the woman was using her house as a residence, and residential use is still permitted after the zoning change. Thus, her use is not a nonconforming use. As explained above, a variance permits a waiver from a zoning requirement after the zoning requirement has been established.
