Week 4 Easements and Covenants 9/17/24 Flashcards
Note: _______ _______ _______ can be obtained in most states by long continuous use by the public under a claim of right. Landowner must be put on notice than an adverse right is being claimed by the general public, not by individuals.
Public Prescriptive Easements
Note: Public Prescriptive Easements can be obtained in most states by _____ _________ ______ by the public under a claim of right. Landowner must be put on notice than an adverse right is being claimed by the general public, not by individuals.
long continuous use
Note: Public Prescriptive Easements can be obtained in most states by long continuous use by the _______ under a ____ ____ _____. Landowner must be put on notice that an adverse right is being claimed by the general public, not by individuals.
public
claim of right
Note: Public Prescriptive Easements can be obtained in most states by long continuous use by the public under a claim of right. Landowner must be put on _______ that an ______ _____ is being claimed by the general public, not individuals.
notice
adverse right
Landowner has to do something _________ to interrupt that period of continuous use if the landowner wants to keep that ________ _________ from happening.
affirmative
prescriptive easement
Example: Rockefeller Center in NYC close one Sunday in July every year, the pathway between GE Building and Sunken Skating Rink where everybody walks through. That irritates everybody because they have to walk around. The reason they do that is they don’t want their private land to be subject to a ______ _________ ________ They close it off entirely one day a year. Keeps the period of continuous use limited to less than a year every time so the public can’t get a prescriptive easement. Way it has been delt with in real life.
public prescriptive easement
Acknowledges that the ownership, dominion, and sovereignty over land flowed by tidal waters, which extend to the mean high water mark, is vested in the State in trust for the people.
Public Trust Doctrine
Applies to all land covered by the ebb and flow of the tide and, in addition, all inland lakes and rivers that are navigable. Phillips Patrolium Co v Mississippi, 484 U.S. 469 (1988).
Public Trust Doctrine
Doctrine called _____ ______ ________ stands for the idea that access to navigable water ways is held in trust for the people by the state. Navigable water way you are entitled to use it as a member of the population.
public trust doctrine
Doctrine called public trust doctrine stands for the idea that access to ______ _____ _______ is held in trust for the people by the state. Navigable water way you are entitled to use it as a member of the population.
navigable water ways
Doctrine called public trust doctrine stands for the idea that access to navigable water ways is held in _________ for the people by the _______. Navigable water way you are entitled to use it as a member of the population.
trust
state
Question how do you get to the waterway?
Public beach access point or public boat ramp that is a great way to gain access.
What will happen is you are going to have right to be in the water at any point in the _______ and have access to a certain amount of ____ _______, sand up to the ____ _____ ______ mark.
water
wet sand
mean high-water
In terms of practical use: when I go to the beach I go to siesta key – white sand – Caribbean blue water – I go to the west coast to Florida. I stay in hotel with own designated beach area. I know that within certain lines I can be on the _____ ________ because it provided to me by the hotel. If I wanted to walk the full length of Siesta Key I can do that but – I should walk on the ____ _______. Just like my hotel owns dry sand so do others. Some hotels and condos own the dry sand beside mine.
dry sand
wet sand
Desire to be at a less populated beach and it would be frustrating to people who own the dry sand if I just put my chairs and speaker out on their ___ _______.
dry sand
