Rights in Land Flashcards
(21 cards)
Easement
The right to use someone else’s land
Can be created expressly
Easement will last forever unless it is terminated
Easements are terminated by:
Agreement
Time
Merger
Abandonment
Covenants
Looks like a contract
Covenants runs with the land
Touches and concern the land
Such as rose bushes
Personal Covenant
Lease and K
Equitable Servitude
Seeking injunction
Stop doing it
Looks like a restrictive covenant
Implied Reciprocal Servitude
Large tract of land that’s divided in pieces
Common scheme to everyone
If there is change the restrictions will continue as the profile, the character, of the community
Notice
License
Revocable at the will of the grantor
Ticket owner can kick you out -like the dolphins stadium kicking a jets fan out
Profit
Take things off the ground
Such as a fruit;oi;
Taking
Government can take my property for public good and need to give me just compensation = fair market value
Water Rights
Bodies of water
Reasonable use
“I can use it in a reasonable manner”
Melted snow/rain - owner can use reasonable means to alter the flow even if it could harm you to some degrees.
“Alters the flow”
Trees/grass - part of the real property and will go with the land
“Man made” is considered personal property
Crops Exception
Express Agreement
Tenant with right to harvest
Adjoining Developed Property
Express Agreement
Tenant with right to harvest
Digging on Adjoining Land
Negligence for any damages caused
Private Nuisance
Unreasonable interference with use & Enjoyment
Reasonable person standard
Public Nuisance
Affects everyone - public official
Private plaintiff must prove special damages
Common interests owned community
Payment of dues to an association “HOA”
Property Owners Association
Owners are required to belong to association and pay dues
Condominium
Created by statute
Must file a declaration and plat (description of property)
“Master deed”
Each owners are tenant in common of the common areas such as the pool and gym
Co-Op
Corporation that owns buildings and leases units to share holders
There is one mortgage on the whole property!!
Tenants pay share of fee for taxes and mortgages
“Governing document”
Assessment
Rules must be “reasonably related to further a legitimate purpose” of the association
Residents benefits
Cannot discriminate against any unit owner
Litigate in their own name
