Land Use

Question 1

What is an affirmative easement?

Answer 1

It gives the holder of the rights to do something on the land of another

Question 2

What is a negative easement?

Answer 2

Gives the holder the rights to prevent a landowner from doing something on his land

Question 3

What is an easement appurtenant?

Answer 3

Requires a dominant and servient estate

Question 4

What is an easement in gross?

Answer 4

Personal in nature, resulting in a servient but not a dominant state

Question 5

How are easements created?

Answer 5

1 –expressly in writing

2 –implication by prior use (requires manifest intent)

3 –implication by necessity (requires strict necessity at time of severance)

4 – prescription (like adverse possession)

5 – by estoppel

Question 6

What happens when the dominant estate is transferred?

Answer 6

The benefit of an easement or a profit apurtenant follows the transfer even if the deed of conveyance does not specifically mention the easements or profit.

Question 7

What happens if an express easement is transferred?

Answer 7

The easement is transferred as long as the dominant tenant had complied with the provisions of the relevant recording statutes

Question 8

An easement may be terminated in what ways?

Answer 8

1 –if it was created for a specific time

2 –when the holder of the dominant Estates releases his interest to the servient state

3 –when the dominant and servient estate come into common ownership

4 –abandonment

5 –estoppel

6 –prescription

7 –eminent domain

Question 9

abandonment requires proof of?

Answer 9

1 –an intent to abandon

2 –an affirmative act in furtherance of the intent

Question 10

Estoppel requires proof of?

Answer 10

1 –an act or representation

2 – justifiable reliance on that act or representation

3 –damages

Question 11

The holder of a profit has what rights?

Answer 11

1- The rights to take resources from the land of another

2 –profits can only be created expressly or by prescription

Question 12

What is a license?

Answer 12

1. A privilege to do something on someone else’s property

2 –a license is not transferable is usually revocable unless the license is coupled with an interest; an executed license is based on estoppel

Question 13

What are the requirements for a covenant to run with the land?

Answer 13

1 – writing

2 – intent

3 – privity

4 – touch and concern

5 –notice

Question 14

What are the requirements for an equitable servitude?

Answer 14

1 – Touch and concern

2 –intent

3 –notice

Question 15

What factors may show a common scheme?

Answer 15

1 –a large percentage of lots of expressly burdened

2 –oral representations to buyers

3 –statements in written advertisements, sales brochures, maps

4 –recorded declarations

Question 16

What is an implied reciprocal servitude?

Answer 16

When the owner of two or more lots, sells one with restrictions of benefits to the land retained, The servitude becomes mutual and the owner of the lot or lots may not do anything forbidding to the owner of the lot sold

Question 17

What is a per se taking?

Answer 17

1-When a government action results and permanent physical occupation of private property

2- a government regulation may constitute a taking if it goes too far

Question 18

What is required to recover damages or seek an injunction in an action based on a public nuisance ?

Answer 18

1. an individual plaintiff must’ve suffered harm is different from that suffered by other members of the public

Question 19

What is a private nuisance?

Answer 19

1. A substantial and unreasonable invasion of another’s interest in his use and enjoyment of land
2. the court balances the utility of the conduct against the gravity of the harm caused by the conduct
3. damages and injunctive relief maybe recovered in a suit for private nuisance