Property rights Nuisance (cont) Flexibility in Zoning: Variance
Remedies Injunction exceptional
Bundle of sticks: Damages undue hardship Right to exclude- essential stick in the bundle Trespass Landlord Tenant Law Right to possess Unprivileged intentional intrusion on Types of tenancy: Right to use property possessed by another terms of definite/ fixed period Right to destroy Criminal trespass- Asked to leave but do not year Right to transfer/ alienate License: permission to enter property period indefinite in length Remedies possessed by another (revocable) tenancy
Injunction tenancy at terminated by either party at
Trespass Defenses will any time Treble Damages Human Value tenancy at Relationship between LL and Punitive Damages Necessity sufferance tenant who wrongfully holds over after termination Competing Justification for Property Consent is effective even if procured by Rights fraud Adverse Possession First Possession Exclusion Exclusive (depending on customs Labor/ investment of that land) Minority Cannot exclude unreasonably Efficiency/ maximization of social welfare Rule Open and (visible) Distributive Justice Notorious Majority Right to refuse service to anyone Sovereign Authority Rule unless they are protected by law. Continuous (Can use tacking Gifts and Inheritance (This does not apply to common approach) carriers and inn keepers) Without owner - Nuisance permission Improving Trespasser A non trespassory interf‐ (must be a For a period of - erence with property substantial Somebody builds on land and improves the time set by the rights interference) value statute of Analysis What is the limitations harm Zoning- taking of right Color of title (Faulty paperwork-
What is the Factors type of project should convey title but
benefit does not) **only in some location of project jurisdictions Suitability for ultimate cost location of amount accomplished under activity conformity Fairness consid‐ eration Can nuisance be abated Defense Who was there first Is P being sensitive
By parkeraz Published 2nd December, 2016. Sponsored by ApolloPad.com
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Prescriptive Easement - Elements Real Covenant Implied Reciprocal Negative Servitude
(cont) Open and (acquiesce- owner knew but Covenant in writing notorious did nothing to stop) notice actual, inquiry, record The purchasers of the lot in question had Adverse (open and notorious will be notice (actual, constructive, or inquiry) intent for burden and benefit run with the and hostile presumed to be adverse) land Restrictions to Covenants Continuous - touch and concern the land Can enforce restrictions as long as its not Sustained - privity vertical and horizontal unreasonable - - Servitude Restrictions/ covenants cannot be contrary Relief Money damages to public policy Appurtenant runs with the land In gross For an individual Equitable Servitude Approach Express by grant covenant in writing Easement notice scope of language of deed intent easment touch and concern land extrinsic evidence - - burden on servient relief injunctive relief estate servient land burdened land Implied Reciprocal Negative Servitude dominant land benefited land Even if restrictions are not specified at the outset, they may be implied in the court of Steps to solve a servitude problem law Is this appurtenant or in gross Doctrine: Common owner subdivides Benefit of each property into a number of lots Look at language Common owner has an intention to create a common Easement by Estoppel plan or scheme of development CAnnot revoke license if it is relied upon for the property as a whole Vast majority of subdivided lots Easement by Implied Prior Use contain restrictive covenants 2 parcels were at one time in common that reflect the general scheme ownership The property against which 1 parcel had derived benefit from the other application of an implied parcel covenant is sought was intended to be part of the Use was apparent and continuous general scheme of develo‐ Continuation of use id "reasonably necess‐ pment AND ary"
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