Rights in Land Flashcards

Question

# Rights in Land Question with melted snow or rain

Answer 1

reasoanble means to alter flow even if it harms other owner to some degree (cannot flood, just reasonable)

Answer 2

1) If on the property, (trees, grass) naturally, part of the real property -real property goes along with the title 2) If planted, personal property -still goes with grantee unless a) expressly held by grantor or b) tenants had right to harvest before sale

Answer 3

1) undeveloped land damages= strict liability 2) developed= a)strictly liable if it would have happened anyway (building did not contribute) b) negligence if it would not have happened (buildings contributed to collapse)

Answer 4

Liable based on negligence

Answer 5

unreasonable intereference with use and enjoyments of property | objective, reasonable person standard

Answer 6

effects public at large -suit is brought by a public official -if private idfnividual brings the suit, must prove special damages

Answer 7

development where individual lot owners have covenant requiring payment of dues to an association (HOA)

Answer 8

1) Property owners association: owners required to belong and pay dues to association 2) condominium: created by statute, declaration, and a plat describing boundaries and common areas (owners have individual mortgages)

Answer 9

sets forth obligations and rights of owners and each owners share percentage to pay taxes, maintenance etc

Answer 10

each owner owns indiivdual structure of unit (walls, celing ,etc) common areas- each owner owns as Tin C with other owners (cannot partition)

Answer 11

corporation owns one or more buildings and lease to shareholders -blanket mortgage on whole property

Answer 12

1) Declaration- contains rules, covenants, etc. 2) Governing documetns: bylaws, Articles of Incorporation governing the association | Declaration is always given most weight

Answer 13

manages day to day, board runs the association, board memeber elected by members of the association, board may hire a manager

Answer 14

creates assopciation and over time transfers power to the association--association can terminate rights with developer (has 2 years to vote to terminate by 2/3 vote)--may not use power to change declaration, to change character of neighborhood (unless declaration allows)

Answer 15

-**reasonably related to furthering a legitimate purpose** of the association -cannot make rules that restrict use of any owner -can impose fines and reasonable inspections -can take away privileges -can sue

Answer 16

board msut act reasonably necessary for property at lard (ie- if the property needs a new roof, must replace) -board levies a tax for repairs, implements fees, etc.

Answer 17

1) ordinary care in managing property and finainacial affairs 2) transparency (have to give reasonable access to members to information)

Answer 18

-act in GF -act as ordinary director of CIC

Answer 19

not joint and severally liable

Answer 20

Chattel that has been so affixed to the land that it has ceased being personal property and has become part of the realty

Answer 21

When a person owns both the land and the fixtures affixed to it

Answer 22

Occurs when a landlord owns the property, but someone wise affixed the chattel to the land

Answer 23

Question is whether the ownership of the chattel has passed to the landowner.

Answer 24

Term used to describe the intent of the annexor to make the chattels a permanent part of the real estate

Answer 25

When they become incorporated into the realty sinfully thaf they lose thier identity or when identitificario. Of the xhattelnisnsrill possible but removal would cause considerable loss or destruction

Answer 26

Tenants could remove an item used in the trade or business that would have otherwise become a fixture on the realty unless it will cause substantial damage

Rights in Land Flashcards

(50 cards)