|
Injunction
|
|
Treble Damages
|
|
Punitive Damages
|
|
First Possession
|
|
Labor/ investment
|
|
Efficiency/ maximization of social welfare
|
|
Distributive Justice
|
|
Sovereign Authority
|
|
Gifts and Inheritance
|
|
A non trespassory interference with property rights
|
(must be a substantial interference)
|
|
Analysis
|
What is the harm
|
|
What is the benefit
|
|
|
Suitability for location of activity
|
|
|
Fairness consideration
|
|
|
Can nuisance be abated
|
|
|
Defense
|
Who was there first
|
|
Is P being sensitive
|
|
|
Remedies
|
Injunction
|
|
Damages
|
|
Unprivileged intentional intrusion on property possessed by another
|
|
Criminal trespass- Asked to leave but do not
|
|
License: permission to enter property possessed by another (revocable)
|
|
Human Value
|
|
Necessity
|
|
Consent is effective even if procured by fraud
|
|
Minority Rule
|
Cannot exclude unreasonably
|
|
Majority Rule
|
Right to refuse service to anyone unless they are protected by law. (This does not apply to common carriers and inn keepers)
|
|
Somebody builds on land and improves the value
|
|
Factors
|
type of project
|
|
location of project
|
|
|
ultimate cost
|
|
|
amount accomplished under conformity
|
|
exceptional
|
|
|
undue hardship
|
|
Types of tenancy:
|
|
|
terms of year
|
definite/ fixed period
|
|
period tenancy
|
indefinite in length
|
|
tenancy at will
|
terminated by either party at any time
|
|
tenancy at sufferance
|
Relationship between LL and tenant who wrongfully holds over after termination
|
|
Exclusive
|
(depending on customs of that land)
|
|
Open and Notorious
|
(visible)
|
|
Continuous
|
(Can use tacking approach)
|
|
Without owner permission
|
-
|
|
For a period of time set by the statute of limitations
|
-
|
|
Color of title
|
(Faulty paperwork- should convey title but does not) **only in some jurisdictions
|
|
Open and notorious
|
(acquiesce- owner knew but did nothing to stop)
|
|
Adverse and hostile
|
(open and notorious will be presumed to be adverse)
|
|
Continuous
|
-
|
|
Sustained
|
-
|
|
Appurtenant
|
runs with the land
|
|
In gross
|
For an individual
|
|
Express Easement
|
by grant
|
|
scope of easment
|
language of deed
|
|
extrinsic evidence
|
|
|
burden on servient estate
|
|
|
servient land
|
burdened land
|
|
dominant land
|
benefited land
|
|
Is this appurtenant or in gross
|
|
|
Benefit of each
|
|
|
Look at language
|
|
CAnnot revoke license if it is relied upon
|
|
2 parcels were at one time in common ownership
|
|
1 parcel had derived benefit from the other parcel
|
|
Use was apparent and continuous
|
|
Continuation of use id "reasonably necessary"
|
|
Covenant in writing
|
|
|
notice
|
actual, inquiry, record
|
|
intent for burden and benefit run with the land
|
|
|
touch and concern the land
|
|
|
privity
|
vertical and horizontal
|
|
-
|
-
|
|
Relief
|
Money damages
|
|
covenant in writing
|
|
|
notice
|
|
|
intent
|
|
|
touch and concern land
|
|
|
-
|
-
|
|
relief
|
injunctive relief
|
|
Even if restrictions are not specified at the outset, they may be implied in the court of law
|
|
|
Doctrine:
|
Common owner subdivides property into a number of lots
|
|
Common owner has an intention to create a common plan or scheme of development for the property as a whole
|
|
|
Vast majority of subdivided lots contain restrictive covenants that reflect the general scheme
|
|
|
The property against which application of an implied covenant is sought was intended to be part of the general scheme of development AND
|
|
|
The purchasers of the lot in question had notice (actual, constructive, or inquiry)
|
|
|
Can enforce restrictions as long as its not unreasonable
|
|
Restrictions/ covenants cannot be contrary to public policy
|
No comments yet.
Cheatography n. The art of mapping complex subjects into clear, instantly navigable reference guides.
