Land Use Restrictions Flashcards
In a recorded subdivision, will an owner become subject to a restrictive convenant imposed on later buyers if it was not included in the deed?
if the owner became aware?
No.
Still no.
what is an equitable servitude?
implied reciprocal/equitable servitude?
agreement about land use enforced at equity by injxn - not as stringent as real covenant
- writing
- intent for restriction to be enforceable
- notice
- touch and concern
INN usually arise in planned subdivision 1. intent to create serv on all plots of a subdivision 2. negative (refraining from action) 3. notice (actual, record, or inquiry)
what is required for a real covenant burden to run?
WINT
VP
HP
what is required for a real covenant benefit to run?
WINT
VP
what is the difference between equitable servitude and real covenant?
ES - injunctive relief
RC - money
what are defenses/reasons not to enforce ES?
E-UCLA
Estoppel Unclean hands Changed Neighborhood Laches Acquiescence
what are the requirements for use variance
- compliance => Unnecessary hardship
- hardship is UNIQUE to the property
- consistent with the regulation Purpose
- not harmful to Public welfare
when will a govt’s zoning requirements be valid?
not too restrictive, and
reasonably related to public welfare, and
not discriminatory
when can a neighbor be held liable for damage caused by excavating land?
SL
if the other neighbor’s land is undeveloped or
if the land is developed and it would have been damaged in its natural state
negligence otherwise
what are the types of easement?
PINGR
prescription (AP - A)
implication - division of parcel where there was O/N use before division, which is reasonably necessary to dominant parcel
Necessity - division of land + absolute necessity created by the division
Grant - express grant must comply with deed formalities
Reservation - grantor conveys servient estate to another but reserves easement for personal use
what is a profit?
right to remove resources from alnd
when is an easement terminated?
SEND CRAMPS
severance estoppel necessity ends destruction condemnation release abandonment merger prescription (reverse) - servient takes action counter stated conditions
