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Flashcards in Customary Rights Deck (13):
1

Customary Rights provide an easement-like right to ______?

the public

2

are they easement?

NO

3

Why aren't they easements?

Cant be created by conveyance

4

So, which element of def. of easements is not satisfied?

The Fifth----conveyance, conveyable

5

Are they recognized in MA?

NO. Cuz most places belonged to the native americans

6

In general, do we allow things to be conveyed to public?

NO. THATS why customary rights are NOT easements cuz PUBLic is the one who owns them.

7

To establish a customary right there must be:

-have been a LONG & GENERAL USE of a servant estate
-have been EXERCISED W/OUT INTERRUPTION
-""exercised w/out DISPUTE
-REASONABLE use of the type of land in question
-limited to a particular area of the land
-CONSENT of title holder was never required
-No other LAWS been violated by the use

8

Customary rights are a minority view. True or false?

true

9

State ex. re. Thornton v. Hay

r: the state has authority to restrict a property owner’s use of the dry-sand area of oceanfront real estate.
-dry sand area belonged to the public, property owners wanted put up fence, but was always traditionally used by public.

10

Littoral Rights are having to do with what?

Ocean front estates

11

Under majority rule, an owner of ocean front estate has title up to the mean ____ ______ ___?

high tide line.
Public/state owns the dry sand area

12

Under minority rule owner has title to the ___ ___ ____?

LOW tide line

13

Mass is majority or minority rule?

MINORITY. Low-tide line. Our plymouth bay colony compact w/king was for low tide. Public can use beach if wet/under water.