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Property AOG > Non- possessory interests > Flashcards

Non- possessory interests Flashcards

1
Q

Types of non-possessory interests (3)

A

1) Easements
2) License
3) Profit

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2
Q

Easement - Gral

A

Interest in the land owned by another person consisting in the right use, cross, control entire land or an area of it for specific limited purpose

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3
Q

Easement - Method of creation (4) (PINE) + Estoppel

A

1) Prescription
2) Implication
3) Necessity
4) Express
+
Estoppel: reasonable reliance

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4
Q

Types of Easement (2)

A

1) Gross: not appurtenant to any estate in land. When a servient piece of land exists without a dominant piece being affected
2) Appurtenant: Attaches to the land permanently to benefit the owners. Requires 2 parcels of land: servient/dominant

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5
Q

Relevance of gross/appurtenant difference for transferability (“runs with land”)

A
  • Appurtenant: Yes, even w/o deed reference

- Gross: Gral rule - personal -Yes when for commercial purposes / No when for personal purposes

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6
Q

Use/Overuse by dominant land - Consequences

A

Prohibition for dominant land to abuse/overburden

  • modification/expansion is accepted
  • Sanction: grounds for injunction (not for termination)
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7
Q

Easement - Prescription - CHO elements

A
  • Continual possession for statutory period (20-year)
  • Hostile: not permitted
  • Open and notorious
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8
Q

Easement - Implication - Gral

A

Subdivision from 1 owner lot to 2 or more parcels subject to easement-like use (no express language in deed)

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9
Q

Easement - Implication Types (2) (GR)

A
  • Grant: owner keeps servient land sells dominant land / buyer to show Reasonable Necessity
  • Reservation: owner keeps dominant land sell servient land / previous owner to show strict necessity
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10
Q

Easement - Implication CRAN reqs for prior use

A
  • Continuous + permanent
  • Reasonably necessary
  • Apparent on inspection
  • No practical alternative for user
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11
Q

Easement - Necessity (also implied) Reqs (2)

A

1) Past common ownership

2) Strictly necessary - more than convenience

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12
Q

Easement - Express agreement Types (2)

A

1) Grant: SOF (if oral turns into license)

2) Reservation: can be for 3rd person

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13
Q

Easement - Express agreement reqs

A
  • SOF + SADD

- Holder with duty to maintain not overuse

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14
Q

Easement - Termination causes (8) LRAMPS + D + BFP

A
  • Lack of necessity (not for express agreement)
  • Release/(estoppel): SOF reqs(reliance on oral expression of not use)
  • Abandonment
  • Merger: btwn dominant/servant
  • Physical blockage: not for express/ for servient land it stops prescription
  • Severance: no transfer to other person/parcel
    +
    -Destruction: of servient land (unless intentional)
    -Bona Fide Purchaser
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15
Q

Easement - Termination causes - Abandonment

A
  • Physical + objective manifestation of user intention to abandon (non-use is not enough)
  • Manifestation has to be unequivocal/decisive/ inconsistent with continued use
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16
Q

Easement - Termination causes - BFP

A
  • When servient land transferred to BFP w/o notice
  • Easement binding only if BFP w/ notice of easement
  • Constructive notice if easement recorded in the abstract of the property title.
17
Q

License - Gral NNAPP

A
  • Non exclusive
  • Non-Assignable (can not be transferred)
  • Personal
  • Permissive right to use/enter
    +
  • Can be oral
  • Contract remedies for breach
18
Q

License - Termination

A

Revocation at will by grantor

19
Q

License - Termination - Irrevocable cases (3)

A

1) When coupled with interest (i.e. mining company w/permission to enter)
2) By estoppel: long-running license w/o discouragement to use - licensee changed position (i.e. permit to use road, licensee build house at the ned of the road)
3) Failed easement: non-compliance with SOF but reliance from holder of license.

20
Q

Profit- Gral

A
  • Right to go upon the land of another and take some resource from the land.
  • Not usually revocable
  • SOF reqs for creation
21
Q

Profit - Types (transferability)

A

1) In gross: doesn’t run with land

2) Appurtenat: runs with the land

22
Q

Profit - Difference with easement

A

1) Overuse can terminate (not only injunction possible)

2) Waste/excessive taking: injunction + dx possible if negative effect upon property

23
Q

Nuisance - gral

A
  • Applicable on easement/license

- Prohibits interference w/use of enjoyment of property under reasonable person standard

24
Q

Nuisance - Legal Remedy

A

Injunction

25
Q

Nuisance - Defenses (3)

A

1) “Come to nuisance”
2) Conformity with land regs and zoning
3) Use is reasonable

Property AOG (13 decks)

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