Nonpossessory Interests

Question 1

A license coupled with an interest has the effect of

Answer 1

making the license irrevocable.

Question 2

easement appurtenant

Answer 2

• an easement that benefits the holder in his physical use or enjoyment of another tract of land
• passes with the transfer of the benefited land, regardless of whether it is mentioned in the conveyance
• burden also passes automatically with the servient estate unless the new owner is a bona fide purchaser with no actual or constructive notice of the easement

Question 3

easement in gross

Answer 3

holder acquires a right to use the servient tenement independent of his possession of another tract of land

Question 4

Any easement must be memorialized in writing and signed by the holder of the servient tenement unless

Answer 4

its duration is brief enough to be outside the Statute of Frauds.

Question 5

An easement by reservation arises when

Answer 5

a grantor conveys title to land but reserves the right to continue to use the tract for a special purpose (an attempt to reserve an easement for anyone else is void)

Question 6

easement by necessity

Answer 6

arises when a landowner sells a portion of his tract and by this division deprives one lot of access to a public road or utility line (doesn’t have to be in writing)

Question 7

To acquire a prescriptive easement, the use must be:

Answer 7

(i) Open and notorious;
(ii) Adverse;
(iii) Continuous and uninterrupted; and
(iv) For the statutory period.

Question 8

A failed attempt to create an easement, e.g., orally granting an easement for more than one year, creates a

Answer 8

license.

Question 9

Licenses privilege their holders to

Answer 9

go upon the land of another.

Question 10

Profits entitle the holder of the benefit to

Answer 10

take some resources from the servient estate.

Question 11

real covenant

Answer 11

a written promise to do something on the land or a promise not to do something on the land

Question 12

requirements for real covenant burden to run with the land (i.e., successor in interest to the burdened estate will be bound by the covenant as if she had herself expressly agreed to it)

Answer 12

writing
intent 
touch and concern
horizontal privity
vertical privity
notice

Question 13

requirements for benefit of real covenant to run with the land (promisee’s successor in interest may enforce covenant)

Answer 13

writing
intent
touch and concern
vertical privity

Question 14

equitable servitude

Answer 14

a covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant (usually remedy is an injunction)

Question 15

Negative equitable servitude may be implied (and therefore, no writing required) from

Answer 15

a common scheme for development of a residential subdivision.
-requires common scheme and notice

Question 16

requirements for burden to run with land in an equitable servitude

Answer 16

WITNES
writing
intent
touch and concern 
notice 
equitable 
servitude

Question 17

deed formalities

Answer 17

A deed must be
in writing
signed by grantor
reasonably identify the parties and land

Question 18

A deed is not effective unless

Answer 18

it has been delivered and accepted.

Question 19

The following are the usual covenants for title contained in a general warranty deed:

Answer 19

1. Covenant of seisin
2. Covenant of Right to Convey
3. Covenant against encumbrances
4. Covenant for Quiet Enjoyment
5. Covenant of Warranty
6. Covenant for Further Assurances

Question 20

covenant of seisin

Answer 20

grantor has the estate she purports to convey

Question 21

covenant of right to convey

Answer 21

grantor has authority to make grant

Question 22

covenant against encumbrances

Answer 22

no surprise easements or liens

Question 23

covenant for quiet enjoyment

Answer 23

grantee will not be disturbed in possession by a third party’s lawful claim of title

Question 24

covenant of warranty

Answer 24

grantor agrees to defend against reasonable claims of title by a third party and to compensate grantee for any loss sustained by the claim of superior title

Question 25

covenant for further assurances

Answer 25

promise to perform acts reasonably necessary to perfect title conveyed–if i’m wrong, i’ll take steps to make things right

Question 26

tract index jurisdiction

Answer 26

searcher looks at the page indexed by block and/or lot describing the property and any instruments affecting it

Question 27

grantor and grantee index jurisdiction

Answer 27

searcher establishes a chain of title by searching back in time in the grantee-grantor index; from that point, he then searches forward in time in the grantor-grantee index to see if any grantor conveyed an interest to someone outside of the backward chain

Question 28

The Lien Theory

Answer 28

the mortgagee is considered the holder of a security interest only and the mortgagor is deemed the owner of the land until foreclosure; the mortgagee may not have possession before foreclosure

Question 29

The Title Theory

Answer 29

Legal title is in the mortgagee until the mortgage has been satisfied or foreclosed, and the mortgagee is entitled to possession upon demand at any time

Question 30

redemption in equity

Answer 30

at any time prior to the foreclosure sale, the mortgagor may redeem the property by paying the amount due; if there’s an acceleration clause, the full balance of the mortgage must be paid to redeem

Question 31

statutory redemption

Answer 31

allow mortgagor to redeem the property for some fixed period after the foreclosure sale has occurred (half the states)

Question 32

lateral support

Answer 32

ownership of land includes the right to have the land supported in its natural state by adjoining land

Question 33

Riparian Doctrine

Answer 33

water belongs to those who own the land bordering the watercourse

Question 34

Natural Flow Theory

Answer 34

a riparian owner’s use resulting in substantial or material diminution of the water’s quantity, quality, or velocity is enjoinable

Question 35

Reasonable Use Theory

Answer 35

All riparians share the right of reasonable use of the water (most common theory)

Question 36

Natural vs. Artificial Use

Answer 36

under either natural flow or reasonable use theory, natural uses prevail over artificial uses

Question 37

Prior Appropriation Doctrine

Answer 37

• individuals acquire rights by actual use
• appropriative rights are determined by priority of beneficial use
• if there is a decrease in flow, priority is accorded in terms of time of appropriation

Question 38

zoning

Answer 38

The state may enact statutes to reasonably control the use of land for the protection of the health, safety, morals, and welfare of its citizens

Question 39

cumulative zoning

Answer 39

• creates a hierarchy of uses of land

- land that is zoned for a particular use may be used for the stated purpose or for nay higher use

Question 40

noncumulative zoning ordinance

Answer 40

land may be used only for the purpose for which it was zoned

Question 41

variance

Answer 41

a departure from the literal restrictions of a zoning ordinance granted by administrative action