Property- Rights in land

Question 1

When discussing rights in land the answer should never be about

Answer 1

title

Question 2

An easement is

Answer 2

the right to use someone elses land forever unless terminated

Question 3

How do you create an easement

Answer 3

writing
prescription
implication
necessity

Question 4

what can easements be?

Answer 4

both postive and negative

Question 5

What is an easement by prescription look like

Answer 5

adverse possesion

Question 6

what are the elements of a prescription by an easement

Answer 6

Open
Notorious
Actual
Continuous
Hostile

Question 7

What is an easement by implication

Answer 7

it is implied from prior use where the grantor subdivides the property into 2

Question 8

Easement by necessity

Answer 8

due to necessity because your land is landlocked

Question 9

How to terminate an easement

Answer 9

By agreement
By time (lasts only X years)
Merger
Abandonment

Question 10

How do you terminate your easement by abandonment

Answer 10

they grantee needs to leave and express an intent to not return

Question 11

If there is misuse or damage to an easement, what are your remedies

Answer 11

an injunction not termination

Question 12

What is a covenant

Answer 12

Grants the right to do, restrict or prevent something

Question 13

How do covenants differ from easement

Answer 13

Always in writting

A promise for a promise

Looks like a K and governed by K law

Maattes who lives on the property

Question 14

Covenants generally last

Answer 14

forever

Question 15

Elements of a covenant

Answer 15

Writing
Intent between the parties
Notice
Privity
Touch and Concern the land

Question 16

What is the difference between an covenant and a equitable servitude

Answer 16

In an equitable servitude, u are seeking an injunction, not damages. A covenant will seek damages

Question 17

Implied reciprocal servitude

Answer 17

Large tracts of land that have been divide and there are restrictions on each plot

Question 18

Implied reciprocal servitude is enforceable against everyone as long as

Answer 18

they have notice

Question 19

Implied reciprocal servitude lasts

Answer 19

forever

Question 20

When does an Implied reciprocal servitude not last forever

Answer 20

change in circumstances applies

Question 21

Change in circumstances

Answer 21

For the restrictions no longer to be valid, there has to be a total change in the profile or character of the community

Question 22

License

Answer 22

You have a right to come in my property revocable at the discretion of the grantor Unless the right is coupled with an interest

Question 23

Profit

Answer 23

Name of the interest where I grant you to come on my land to take something off of the land

Question 24

Example of a profit

Answer 24

taking oil off my land

Question 25

Taking

Answer 25

The government can take private property for public use as long as they give just compensation

Question 26

Just compensation in a taking is

Answer 26

FMV

Question 27

The key in water rights is

Answer 27

reasonable use of the water if it affects another

Question 28

Melted snow or rain

Answer 28

the owner can use whatever reasonable means is necessary to alter the flow of the rain or the snow. Reasonable means to alter the flow, even if it could harm you to some degree.

Question 29

when are crops considered real property and go with the title of the land

Answer 29

If the crops are on the property naturally

Question 30

If you plant crops the crops are considered what and what is the result

Answer 30

personal property and they go with the land

Question 31

When would crops not go with the property when considered personal property

Answer 31

when expressly held by the grantor in a tenancy except tenancy for years + you have the right to harvest before tenancy created

Question 32

If you are diggins and blowing stuff up and it damages your property, you look to see if the property is

Answer 32

developed or undeveloped

Question 33

If you are diggins and blowing stuff up and it damages your property, you look to see if the property is developed (ie building) the affected person can bring a COA for

Answer 33

Strict liability for damage would have happened anyway Or else negligence

Question 34

If you are diggins and blowing stuff up and it damages your property, you look to see if the property is undeveloped, the affected person can bring a COA for

Answer 34

Strict liability for damages

Question 35

If you allow people to come onto your property and they dig and it affects another person, the affected person can bring a COA for

Answer 35

Negligence

Question 36

What are the two types of nuisance

Answer 36

private and public

Question 37

Private nuisance

Answer 37

The unreasonable interference with the use and enjoyment of your property

Question 38

Private nuisance intereferce is judged by an

Answer 38

objective standard to a reasonable person

Question 39

What is not included in a private nuisance

Answer 39

weird allergy or abnormal sensitivity

Question 40

Public nuisance is when it affects who and who usually brings it

Answer 40

public at large and a public offical

Question 41

When a private person brings a public nuisance, this person must prove

Answer 41

special unique damages

Question 42

Common Interest own Community

Answer 42

Development where the individual owners have a covenant requiring a payment of dues to an association

Question 43

Fixture

Answer 43

Chattel that is attached to land in such a way it has ceased to be personal property and has become part of the realty

Question 44

Examples of fixtures

Answer 44

Garbage disposal and ceiling fan

Question 45

While landowners possess a number of rights with regard to their property as well as the areas above and below it, there are no rights to

Answer 45

sunlight, fresh air or view.

Question 46

Property owners association

Answer 46

Owners required to belong to association & pay dues

Question 47

Condominium is created by what and what must you file

Answer 47

Created by statute Must file a declaration & plat

Question 48

Condo owners rights and responsibilities

Answer 48

* Pay taxes, insurance, mortgage for their unit

Question 49

Condo owners own common areas are owned as

Answer 49

TIC

Question 50

What can condo owners not do

Answer 50

separate ownership of unit & common areas

Question 51

Co-Op

Answer 51

Corporation owns building & leases units to shareholders

Question 52

Difference betwen Co-Op and Condo

Answer 52

One mortgage on whole property

Question 53

For a Co-Op the tenant pays a share of fee for

Answer 53

taxes and mortgages

Question 54

Forming a Common Interest owned community needs

Answer 54

1) Declaration 2) Association 3) Board 4) Developer

Question 55

What does the developer can and cannot do

Answer 55

give power to the association and cannot change declaration unless stated

Question 56

The association has 2 years to

Answer 56

have a 2/3 vote to terminate developer

Question 57

The board acts on behalf of the association to manage

Answer 57

the community"

Question 58

Board rules must be

Answer 58

reasonably related to further a legitimate purpose” of the Association

Question 59

Powers of the community board association

Answer 59

* Levy assessments & fees * Manage/improve common areas * Create rules * Impose fines * Conduct reasonable inspections * Revoke privileges * Litigate as the Association

Question 60

Duties of the community to its member

Answer 60

* Treat members fairly * Ordinary care in managing property/finances * Reasonable access to information

Question 61

Who has the burden to prove breach by the association

Answer 61

members

Question 62

Duties of board memebers

Answer 62

act in good faith

Question 63

standard of care for the duties of the board members

Answer 63

an ordinary director of a common interest owned community

Question 64

Are board members jointly and severally liable

Answer 64

no