Real Property

Question 1

Private nuisance

Answer 1

(1) substantial, unreasonable interference
(2) with another individual’s use of enjoyment of his property

“substantial” = offensive, inconvenient, or annoying to an average person in the community

“unreasonable” = injury outweighs the usefulness of D’s actions

Question 2

Public nuisance

Answer 2

(1) unreasonable interference
(2) with the health, safety, or property rights
(3) of the community

To recover, P must show he suffered a different kind of harm than the rest of the community

Question 3

Types of easements

Answer 3

(A) Easement in gross: benefits a specific owner’s enjoyment and use of the land; does NOT attach to the land or pass to subsequent landowners
(B) Easement appurtenant: benefits any owner’s enjoyment and use of the land; DOES attach to the land and pass to subsequent landowners, provided there is notice (actual, constructive, or inquiry)

Question 4

Ways to create an easement

Answer 4

(1) Easement by grant: Express agreement by grantor allowing the easement. Requires (1) writing signed by grantor satisfying SoF; (2) identify land and parties; (3) indicate grantor’s intent.
(2) Easement by prescription: Like adverse possession. Requires CHO (open & notorious; continuous; hostile) and for the statutory period.
(3) Easement by implication: (1) Piece of land is divided by a common owner; (2) preexisting use by grantor is established prior to division; (3) use is continuous and apparent; and (4) use is reasonably necessary for enjoyment of the land conveyed.
(4) Easement by necessity: (1) Piece of land is divided by a common owner; (2) access via the easement is essential to the use of the property.

Question 5

Scope of easement

Answer 5

(1) Easement by grant: Per agreement by the parties.
(2) Easement by prescription: Per actual usage during the statutory period.
(3) Easement by implication: Per prior use.
(4) Easement by necessity: Limited to remedying the necessity at issue.

Question 6

Covenants in a general warranty deed

Answer 6

SCE-QWF

(1) Seisin: G owns the land
(2) Right to Convey: G has right to transfer title
(3) Against Encumbrances: Deed contains no undisclosed encumbrances

(4) Quiet enjoyment: Possession won’t be interfered with by third party’s lawful claim for title
(5) Warranty: G will defend against third party’s lawful claim for title
(6) Further assurances: G will do whatever is necessary to perfect title should it turn out to be defective

Question 7

Covenant

Answer 7

WITV(NH)

• Writing
• Intent
• Touch & concern
• Vertical privity
• Notice
• Horizontal privity

NH needed only for the burden to run

Vertical privity required: all of the interest for burden, some of the interest for benefit

Question 8

Joint tenancy

Answer 8

The Four Unities: PITT

• Possession
• Interest
• Time
• Title

Must also have clear expression of intent, plus survivorship language

For tenancy by the entirety, add:
- Person

Question 9

Equitable servitude

Answer 9

WITN (Wisconsin & Tennessee)
- Writing
- Intent
- Touch & concern
- Notice
(no privity)