Flashcards in Real property Deck (195)
Subordination agreement between creditors?
"Redemption in equity"
At any time prior to foreclosure sale, debtor has right to redeem land.
Cannot waive in agreement, this would be "clogging the equity of redemption"
"Statutory redemption" - after foreclosure.
Some states, NOT NY.
Payable: foreclosure price, not debt.
Mortgagor has right of possession during statutory period post-foreclosure.
Land improved by buildings,
adjacent landowner's excavation causes improved land to cave in
No strict liability.
Defense: Land would have collapsed anyway, even in its natural state.
Water rights - 2 systems for determining allocation
"Riparian doctrine": owners of land bordering watercourse. Liable for use which interferes unreasonably with other's use.
"Prior appropriation doctrine": Water belongs to state. Any individual can acquire, not just riparian owner. First to do so for productive/beneficial use has priority.
Groundwater - surface owner's right?
Surface waters not in natural basin/watercourse?
Usually - cannot divert by making unnecessary harm to another's land.
Free form trespass and nuisance
Trespass - define
"Invasion of land by tangible physical object that interferes with the right of exclusive possession."
Action for removal of trespasser?
Action for ejectment.
Private nuisance - define
Substantial, intentional and unreasonable interference with another's use and enjoyment of land.
(No trespass required)
(Hypersensitive - not nuisance!)
Eminent domain - types of taking
Explicit - condemns land for highway.
Implicit/regulatory - when regulation has effect of wiping out investment. Gov must either compensate or cancel and pay damages.
Proponent to variance in zoning must show
to grant variance will not work a detriment to surrounding property values.
Variance granted or denied by administrative action - zoning board.
Nonconforming use under new zoning ordinance:
Cannot be eliminated all at once, unless just compensation paid.