Adverse Possession/ nuisance
what is the adverse possession doctrine
possessing land in a manner that is exclusive, open and notorious, continuous, and without permission
default form of concurrent tenancy
what is a tenancy in common
eucidian zoning
Land use regulation can also be understood as a tool that local governments use to influence the common scheme
the difference in land use requirements is that zoning is from the government, servitudes are _____
from/ between landowners
5 elements of a covenant
1. in writing 2. privity of parties 3. notice to servient estate 4. touches and concerns the land 5. intent to run with the land
define claim of title and claim of right
adverse posessor occupies land with the intent to own it, and acted towards the land as an average land owner would
concurrent tenancy type that includes survivorship and the four unities
joint tenancy
the owner must continue substantially the same kind and intensity of use to remain exempt from otherwise particular zoning restrictions
ex) was the character changed/ altered
what is the prior nonconforming use test
en gross vs appurtenant easements
en gross is explicit rights to property use given to a person, appurtenant is attached to the land and allows anyone to use the land in that way
current owners obtained land by legal transfer from the original covenators
horizontal privity
what is a nuisance
a substantial and unreasonable interference with the use or enjoyment of land
concurrent tenancy only available to married couples
what is tenancy by the entirety
vested rights and test requirement
legal claim or entitlement to complete a project based on an original approval, even if the rules have changed since then, requires substantial performance
types of implied easements
prescription, prior use, estoppel, necessity
vertical privity
created by the legal transfer of burdened and benefited land when parties are in a lessor leasee relationship
adding a period of land possession to that of a previous owner to establish continuous adverse possession for the statutory period
what is the doctrine of tacking or tacking
the four unities
what is time, title, interest, and posession
undue hardship test: property can be put to reasonable use if
1) when used under conditions allowed by official controls,
2) The plight of the landowner is due to circumstances unique to the property not created by the land owner
3) and Variance will not alter the essential character of the locality
this easement requires an element of forseeable reliance on the use of that land
easement by estoppel
2 part touch and concern test
1) Direct effect on use and value of land
2) both the benefit and the burden must touch and concern some land
right to land is still legitimate even though the deed is void
what is color of title
these types of tenancies cannot be terminated and encumbered (transferred), but these types cannot
what is tenancy in common and joint tenancy, and what is tenancy by the entirety
these case instances (not specific cases) are examples of unconstitutional zoning regulations
family living restrictions, low-income housing restrictions, unnecessary use requirements
these types of easements require an element that the estates were previously one parcel oned by one person
easement by prior use and easement by necessity
finds horizontal privity when the covenant is created at the moment the owner of one parcel sells or transfers rights in the other parcel
Instantaneous privity test