Private Property Rights in Land Flashcards
1
Q
What are the elements of Adverse Possession?
A
- Actual possession (as normal owner would)
- Open and notorious (visible to others)
- Exclusive (can have guests as normal owner would)
- Continuous (tacking doctrine, tolling doctrine)
- For statutory period (varies between states)
2
Q
What is the tacking doctrine?
A
- A way of achieving the statutory period
- Privity
- You can count the behavior of past property owners in order to reach the statutory period requirement
3
Q
What is the tolling doctrine?
A
- A way of achieving the statutory period
- Disability, incompetency, etc.
- Places a hold on the statutory period for disability, infancy, prison (some states), or absentee status (some states)
4
Q
When does a possessors state of mind matter?
A
- In some states
- Good faith
- Bad faith
5
Q
What is color of title?
A
- And alternative to adverse possession, separate action
- When a deed is wrong
6
Q
What is an Easement?
A
-A non-possessive right to use another’s land
7
Q
What are the elements of a Prescriptive Easement?
A
- Actual use
- Open and notorious (visible to others)
- Continuous (taking doctrine, tolling doctrine)
- For statutory period (varies between states)
- Some courts add aquiessence
- Same elements as AP minus exclusive
8
Q
What are the elements of an Easement by Estoppel?
A
- Originate in licenses
- License can be taken back unless party:
- -Detrimental reliance by plaintiff
- -Reliance reasonable, notice to defendant
- -Some courts add injustice
- Then it becomes an easement
9
Q
What are the elements of Easement by Prior Use?
A
- Common historical ownership and subsequent conveyance of one,
- Prior to conveyance owner used part of servant parcel for benefit of dominant one,
- Such use apparent obvious and continuous,
- Easement necessary and beneficial to dominant parcel
10
Q
What are the elements of Easement by Necessity?
A
- Conveyed a parcel with no outlet to road except by use of other parcel to access landlocked parcel
- Court will grant without an prior use or knowledge
- Can lay dormant until needed
11
Q
What are the Implied/Constructive Easements?
A
- Easements by Estoppel
- Prescriptive Easements
- Easements by Prior Use
- Easements by Necessity
12
Q
What are the Created Easements?
A
- Express Easements
- Terminating Easements
- Conservation Easements
13
Q
What are Affirmative and Negative Easements?
A
- Affirmative = right to do something on another’s property
- Negative = right to prevent someone from doing something on their land
14
Q
What makes an Express Easement?
A
- Writing (statute of frauds)
- Notice (actual, inquiry, constructive)
- Intent
15
Q
What are the Easement Rules?
A
- Can’t “unreasonably burden” servient estate and servient estate cannot “unduely burden” dominant estate’s use
- Scope of Easement limited to scope as defined by deed
- Can’t change location of Easement
