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210 cards

1In general, what is a nonpossessory interest in real property?
2What is a real covenant?
3What is an equitable servitude?
4What is a negative covenant?
5What is an affirmative covenant?
6What is the difference between the remedy for violating a real covenant and the remedy for violating an equitable servitude?
7Does contract law or property law generally govern the enforceability of a real covenant between the original parties?
8A homeowner promised her neighbor that she would not use her property for commercial purposes. The parties memorialized the promise in a written co...
9What are the six requirements for the burden of a real covenant to run with the land and thus be enforceable against an obligor’s successor in inte...
10What is the primary difference between a dominant tenement and a servient tenement?
11What is required for a real covenant to be enforceable by a successor in interest to the original obligee?
12What are the requirements for an equitable servitude to be enforceable by and against the successors in interest to the original parties?
13Does language of successorship generally indicate that the original parties to a real covenant or equitable servitude intended for it to run with t...
14In general, does permanence of obligation indicate that the original parties to a real covenant or equitable servitude intended for it to run with ...
15Will intent for an equitable servitude to run with the land be inferred if the original covenant was part of a general plan of development involvin...
16What does it mean to say that the burden or benefit of a real covenant or equitable servitude touches and concerns the land?
17What does it mean to say that the original parties to a real covenant were in horizontal privity?
18What is vertical privity?
19In general, under what circumstances will the servient tenement’s owner be deemed to have adequate notice of a restrictive covenant?
20A musician and a librarian were neighbors. While talking one evening, the musician orally stated to the librarian that he would refrain from playin...
21What is an implied reciprocal servitude?
22In the context of an implied reciprocal servitude, what six factors generally signal a uniform plan of development?
23In the context of real covenants and equitable servitudes, what is abandonment?
24In the context of real covenants and equitable servitudes, what is acquiescence?
25In the context of real covenants and equitable servitudes, what is laches?
26In the context of real covenants and equitable servitudes, what is the doctrine of unclean hands?
27Is a real covenant that prohibits the use or enjoyment of real property by a person of a particular race enforceable?
28A developer created a common-interest community, subject to a real covenant. The covenant required that the architectural plans for every proposed...
29A developer purchased a piece of property and subdivided it into 50 parcels. The deeds by which the developer conveyed parcels 1-48 contained a cov...
30For purposes of a real covenant running with the land, what does it mean for the burden to touch and concern the land?
31What is horizontal privity, as related to the determination of whether the burden of a real covenant runs with the land?
32A grantor owned a property in fee simple absolute. The grantor executed a deed conveying the property in fee simple absolute “to my daughter, but m...
33In the context of real covenants and equitable servitudes, what is the merger doctrine?
34Can the owner of the dominant estate terminate a real covenant or equitable servitude by executing a written release?
35Do many jurisdictions limit the duration of real covenants and equitable servitudes by statute?
36Can a real covenant or equitable servitude terminate by its own terms?
37What is the doctrine of changed conditions?
38If a servient estate is condemned by the government through eminent domain, will any real covenants or equitable servitudes attached to the servien...
39If a plaintiff seeks to enforce an equitable servitude, what are the three elements a defendant must satisfy to raise a successful defense of estop...
40A teacher and a businessman owned adjacent plots of land in fee simple absolute. Years ago, the businessman granted the teacher a real covenant sta...
41What is a common-interest community?
42What is a condominium?
43What is a cooperative?
44What is a planned unit development?
45Are restrictive covenants in a common-interest community generally enforceable?
46What is the standard of review for decisions made by a common-interest community association?
47In general, does the association in charge of a common-interest community have standing to sue to enforce the restrictive covenants that govern the...
48In general, are the actions of a community association in a common-interest community subject to the constraints of the U.S. Constitution?
49What is an easement?
50What is an easement appurtenant?
51What is an easement in gross?
52What are the four basic purposes for which negative easements were permitted at common law?
53What is a profit a prendre?
54What is a license?
55A birdwatcher had a right explicitly granted through an express easement to enter a property owner’s land to view birds.Is this easement an easemen...
56What is an easement by express reservation?
57In most jurisdictions, may a grantor validly reserve an easement in favor of a third party—that is, someone who is not the grantor or the grantee?
58What is an easement by express grant?
59Is an express writing necessary to create a license?
60O owned a ranch in fee simple absolute. O subdivided the ranch into Blackacre and Whiteacre. In a written instrument, O conveyed Blackacre “to A, p...
61Does a license arise in the wake of a failed attempt to grant an easement?
62What are the three basic requirements for an easement to be implied from prior use?
63For purposes of an easement implied from prior use, what is required for a use to be apparent?
64For purposes of an easement implied from prior use, what is required for a use to be continual?
65For purposes of an easement implied from prior use, what is required for a use to be sufficiently necessary or important?
66A landowner owned in fee simple absolute a parcel of land, which she subdivided into two parcels (parcel 1 and parcel 2). The landowner planned to ...
68What is an easement by necessity?
69For purposes of implied easements, what is strict necessity?
70What is the navigable-waters rule?
71Generally, who selects the location of an easement by necessity?
72Does an easement by necessity terminate once the necessity giving rise to it ends?
73What is an easement implied from reference to a plat?
74What is a license coupled with an interest?
75What are the three elements of a prescriptive easement?
76Can an easement be terminated by prescription?
77In general, what is the scope of a prescriptive easement?
78A property abutted a park. Over the years, a neighbor obtained a prescriptive easement to cross the corner of the property on foot to reach the par...
79Absent contrary language, does the burden of maintaining an easement generally fall on the owner of the servient estate?
80In the context of easements, to what extent may the servient owner make use of the servient tenement?
81In general, may the servient owner use the easement or allow third parties to use it?
82Is the scope of an express easement generally governed by the parties’ intent, as indicated in the instrument creating the easement?
83In general, if an easement is implied from prior use, to what extent may the owner of the dominant tenement use the servient tenement?
84In general, to what extent may the holder of an easement by necessity use the servient tenement?
85May an easement appurtenant be used in connection with a parcel other than the dominant tenement?
86In general, may the easement holder use the easement in a way that is materially different from what the parties reasonably anticipated at the ease...
87In general, may an easement holder make improvements to the easement?
88In general, may the easement holder or the servient tenement’s owner change the location or dimensions of the easement without the other’s consent?
89What does it mean for an easement holder to divide the easement?
90What is an exclusive easement in gross?
91In most jurisdictions, is an exclusive easement in gross divisible?
92In most jurisdictions, is a nonexclusive easement in gross divisible?
93In general, what is the scope of a valid license?
94What is a profit a prendre?
95What is the difference between an exclusive profit a prendre and a nonexclusive profit a prendre?
96A college student held an exclusive easement to swim in her neighbor’s pond.Does the student’s exclusive easement permit her to allow others, who a...
97What is a license?
98In general, is a license alienable?
99At common law, were easements in gross alienable?
100If the dominant tenement is subdivided, may each owner of a subdivided parcel claim the benefit of an easement appurtenant?
101May the dominant tenement’s owner sever the benefit of an easement appurtenant and transfer it independently, retaining ownership of the dominant t...
102A landowner owned a property in fee simple absolute and also possessed an express easement appurtenant to use the driveway on his neighbor’s land, ...
103What four elements must be satisfied for an easement to be extinguished by estoppel?
104Does an easement created by necessity alone terminate when the necessity ends?
105If the government condemns the servient tenement by eminent domain, does the easement terminate?
106Can an easement holder expressly release an easement by a written instrument?
107Under what circumstances does an easement terminate by abandonment?
108In general, what is misuse of an easement?
109In general, does misuse terminate an easement?
110If an easement burdens only a structure on land, not the land itself, under what circumstances does the structure’s destruction terminate the easem...
111A homeowner owned a house that was accessible only by an external elevator attached to an adjoining building on a neighbor’s property. The homeowne...
112In general, does a license terminate if either the licensee or the licensor dies?
113In general, is a license revocable at the licensor’s will?
114In some jurisdictions, is a contractual license for valuable consideration irrevocable for any length of time?
115What are the requirements for a license to be irrevocable by estoppel?
116If licensed property is transferred, as by sale or gift, what is the effect on the license?
117What is a fixture?
118In general, are buildings on land deemed to be fixtures?
119Are courts generally more likely to find that a chattel is intended to be a permanent part of the real property if the fee simple owner is the one ...
120What does it mean to say that chattel is actually annexed to real property?
121What does it mean to say that chattel is constructively annexed to real property?
122In jurisdictions following the common-law approach, if a tenant annexes a fixture to the realty during the lease, does the fixture generally belong...
123What is a trade fixture?
124In jurisdictions following the common-law approach, under what circumstances may a tenant remove a trade fixture from the property?
125In jurisdictions that do not follow the common-law approach, under what circumstances may a tenant remove a fixture from the property?
126In general, are any fixtures on real property subject to a mortgage against the real property?
127In general, does a buyer of real property succeed to ownership of all fixtures on the property?
128After the expiration of a lease, may a tenant remove trade fixtures?
129Are windows that are incorporated into a house considered fixtures?
130A homeowner bought a home with the assistance of a bank that provided him a typical residential mortgage. Two years after moving in, the homeowner ...
131What are zoning laws?
132If one parcel of land is subject to a zoning law and a restrictive covenant that conflict with each other, which controls?
133What is spot zoning?
134Within zoning law, what is a floating zone?
135What is cluster zoning?
136A landowner owned a 100-acre unimproved plot of land. Instead of using the plot to build 100 residential homes on one-acre individual lots of land,...
137In zoning law, what is a nonconforming use?
138In general, may the government force a property owner to terminate a nonconforming use immediately upon enacting the zoning law that prohibits the ...
139Under what circumstances will a nonconforming use be deemed abandoned?
140Can a nonconforming use be terminated if the nonconforming structure is completely destroyed?
141In zoning law, what is amortization?
142A builder wanted to build a water park on a property. The builder obtained all the necessary building permits and met all the existing zoning requi...
143In the context of zoning, what is the difference between a variance and a special-use permit?
144What is the difference between a use variance and an area variance?
145What is the general federal constitutional test to determine whether a zoning law is valid?
146What is spot zoning?
147A city had a zoning law stating that all residential lots must be greater than 50 acres. The city passed a zoning amendment reducing minimum lot si...
148What is the common-law ad coelum doctrine?
149At common law, was any intrusion into the airspace above the owner’s property considered a trespass?
150In most jurisdictions today, which rule determines whether entry of the airspace over an owner’s land is a trespass?
151Can repeated government incursions into an owner’s airspace constitute a taking of private property for public use?
152Under federal law, what are the minimum altitudes for air travel?
153Are flights below the altitudes prescribed by federal law always considered trespass?
154In general, do a surface owner’s subsurface rights tend to diminish as the distance beneath the surface increases?
155What is the difference between lateral support and subajacent support?
156What is improved land?
157What is unimproved land?
158If an actor withdraws lateral support from adjacent, unimproved land, which rule governs the actor’s liability for any resulting damage?
159If an actor withdraws lateral support from adjacent, improved land, what rule governs the actor’s liability for any resulting damage?
160If an actor removes subadjacent support from unimproived land, which rule governs the actor’s liability for any resulting damage?
161If an actor removes subadjacent support from improved land, and the land is damaged as a result, what rule governs the actor’s liability?
162May a landowner waive or bargain away the right to subadjacent support?
163At common law, does a surface owner also own all minerals fixed in place beneath the surface?
164May a surface owner sell or otherwise convey the mineral estate separately from the surface estate?
165What are fugitive minerals?
166What is the ownership-in-place theory of fugitive minerals?
167What is the nonownership theory of fugitive minerals?
168Under either the ownership-in-place theory or the nonownership theory, does the surface owner have the right to extract fugitive minerals beneath t...
169Do states often limit a surface owner’s extraction from fugitive mineral deposits that underlie the land of multiple surface owners?
170In the law of real property, are water rights generally part of the surface estate?
171Can water rights be severed from the surface estate and conveyed separately?
172In the law of real property, what are watercourses?
173In the law of real property, what are percolating groundwaters?
174In the law of real property, what are diffused surface waters,?
175What are the three main categories of water in the law of real property?
176In the law of real property, what are riparian owners?
177What is the natural-flow doctrine as applied to watercourses?
178As applied to water rights, what are natural uses and artificial uses of water?
179Under the natural-flow doctrine, do natural uses have priority over artificial uses?
180Is the natural-flow doctrine a minority view of riparian water rights?
181What is the reasonable-use doctrine as applied to watercourses?
182Under the reasonable-use doctrine, do natural uses have priority over artificial uses?
183Under the reasonable-use doctrine, which legal rules are used to resolve disputes among competing natural uses?
184Is the reasonable-use doctrine the majority rule of riparian water rights?
185What is the prior-appropriation doctrine as applied to watercourses?
186To invoke the prior-appropriation doctrine, must a user of water also be a riparian owner?
187Do jurisdictions that apply the prior-appropriation doctrine sometimes protect later users by placing restrictions on water use?
188What are the three main legal theories of water rights as applied to watercourses?
189What is accretion?
190What is avulsion?
191What is erosion?
192If accretion causes soil to accumulate on the banks of a riparian owner’s property, do the accumulations become part of the owner’s property?
193If erosion causes the removal of a riparian owner’s soil, do the boundaries of the property remain where they were before the erosion?
194Does the avulsion of a watercourse change the boundaries of a riparian owner’s property?
195What are the general rights of a riparian owner as to the adjoining waters?
196What are navigable waters?
197If a riparian owner’s land adjoins navigable public waters, are the riparian owner’s water rights generally subject to the rights of the public to ...
198What is the absolute-ownership doctrine as applied to percolating groundwaters?
199Do some jurisdictions modify the absolute-ownership doctrine by prohibiting wasteful or malicious use of percolating groundwaters?
200What is the reasonable use-doctrine as applied to percolating groundwaters?
201Under the reasonable-use doctrine, which legal rules are sometimes used to resolve disputes among competing users of percolating groundwaters?
202Is the reasonable-use doctrine the majority rule of water rights in percolating groundwaters?
203What is the correlative-rights doctrine as applied to percolating groundwaters?
204Do some states apply the prior-appropriation doctrine to percolating groundwaters in the same same way as to watercourses?
205What are the four main legal theories of water rights as applied to percolating groundwaters?
206What is the common-enemy rule as applied to diffused surface waters?
207Do many jurisdictions that apply the common-enemy rule modify the rule by imposing a duty of reasonable care on a landowner in managing diffused su...
208What is the reasonable-use doctrine as applied to diffused surface waters?
209What is the natural-flow doctrine as applied to diffused surface waters?
210Do many jurisdictions that use the natural-flow doctrine of diffused surface waters modify the doctrine by allowing reasonable alterations of the n...
211What are the three main legal theories of water rights as applied to diffuse surface waters?

In general, what is a nonpossessory interest in real property?

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