Flashcards in Customary Rights Deck (13):
Customary Rights provide an easement-like right to ______?
are they easement?
Why aren't they easements?
Cant be created by conveyance
So, which element of def. of easements is not satisfied?
The Fifth----conveyance, conveyable
Are they recognized in MA?
NO. Cuz most places belonged to the native americans
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.
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
Customary rights are a minority view. True or false?
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.
Littoral Rights are having to do with what?
Ocean front estates
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
Under minority rule owner has title to the ___ ___ ____?
LOW tide line