Vocab

Question 1

Private Nuisance

Answer 1

As defined by the Restatement of Torts, a private nuisance is a non-trespassory invasion of another’s interest in the private use and enjoyment of land.

Question 2

Village of Euclid v. Amber Realty

Answer 2

US Supreme Court: Municipal zoning regulations are constitutional, unless they are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.

Question 3

Nuisance per se

Answer 3

An act, occupation or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings

Question 4

Servitudes

Answer 4

A general term, comprising all types of burdens that may be imposed on the lands of another

Question 5

Servient Estate

Answer 5

Lands burdened by a servitude

Question 6

Dominant estate

Answer 6

Parcels benefited by a servitude

Question 7

Easements

Answer 7

Give third parties the right to physically enter and use land

Question 8

Profit á prendre

Answer 8

Gives a third party the right not only to go on the land but also to sever valuable resources (timber or minerals) from it

Question 9

Covenants

Answer 9

Restrict the use of the burdened property or impose some affirmative obligation on its owner. Covenants give a third party the right to enforce a restriction on the use of the land burdened.

Question 10

Real Covenant

Answer 10

One that strictly conforms to early common law rules; the covenant must “touch and concern the land,” the parties must have intended the covenant to run with the land, and there must be privity of estate between the benefited owner seeking to enforce the covenant and the current owner of the burdened parcel.

Question 11

Equitable Servitude

Answer 11

When privity of estate is missing, but the owner of the burdened property had, or should have had, notice of the burden, the covenant an be enforced in equity and may be called an “equitable servitude”

Question 12

Affirmative Easement

Answer 12

Gives the third party the right to enter the burdened parcel

Question 13

Negative Easement

Answer 13

Restricts the use of the burdened parcel giving the owner of the benefited land the right to ask for an injunction or damages (more properly called a restrictive covenant, since it manifests an agreement, or covenant, to restrict the use of the servant tenement)

Question 14

Easement in Gross

Answer 14

Benefits the owner personally, rather than as the owner of a parcel of land. (Ex. If A buys the right to cross O’s land to get to the fishing hole so A can fish, the affirmative easement over O’s land is “in gross”, not attached to, or appurtenant to, any land that A owns). Easements in gross normally are not assignable unless commercial.

Question 15

Common Interest Communities Examples

Answer 15

Cooperatives, condominiums, townhouse communities, planned communities, new-towns, traditional neighborhood developments or homeowner associations

Question 16

Restatement of Property, Servitudes on servitude enforcement

Answer 16

The touch and concern doctrine has been completely displaced by the rule that a covenant is valid unless it can be shown to be illegal, unconstitutional or against public policy

Question 17

Conservation Easement

Answer 17

A conservation easement is a voluntary, legal agreement that protects the natural resources of a parcel of land by restricting future land use and/or development on the property “in perpetuity” (permanently). This agreement is held between a landowner and a government agency or land trust, with the landowner maintaining ownership