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Flashcards in Real property Deck (195)
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181

Subordination agreement between creditors?

Permissible, enforceable.

182

"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"

183

"Statutory redemption" - after foreclosure.

Some states, NOT NY.
Payable: foreclosure price, not debt.
Mortgagor has right of possession during statutory period post-foreclosure.

184

Lateral support:
Land improved by buildings,
adjacent landowner's excavation causes improved land to cave in
When liable?

Negligence only.
No strict liability.
Defense: Land would have collapsed anyway, even in its natural state.

185

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.

186

Groundwater - surface owner's right?

Reasonable use.
Not wasteful.

187

Surface waters not in natural basin/watercourse?

Usually - cannot divert by making unnecessary harm to another's land.

188

Possessor's rights

Free form trespass and nuisance

189

Trespass - define

"Invasion of land by tangible physical object that interferes with the right of exclusive possession."

190

Action for removal of trespasser?

Action for ejectment.

191

Private nuisance - define

Substantial, intentional and unreasonable interference with another's use and enjoyment of land.
(No trespass required)
(Hypersensitive - not nuisance!)

192

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.

193

Proponent to variance in zoning must show

Undue hardship
AND
to grant variance will not work a detriment to surrounding property values.
Variance granted or denied by administrative action - zoning board.

194

Nonconforming use under new zoning ordinance:

Cannot be eliminated all at once, unless just compensation paid.
Otherwise:
"unconstitutional taking".

195

Unconstitutional exaction means?.

Amenities which gov seeks from developer in exchange for permission to build.
Actions are "suspect" and may be "unconstitutional extortion".
To pass, must be "reasonably related" in nature and scope to "impact of proposed development".