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Flashcards in Real property Deck (195)
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Subordination agreement between creditors?

Permissible, enforceable.


"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.


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.


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?

Reasonable use.
Not wasteful.


Surface waters not in natural basin/watercourse?

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


Possessor's rights

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

Undue hardship
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.
"unconstitutional taking".


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".