Property Law Cheat Sheet

by parkeraz via cheatography.com/32519/cs/10020/

Property rights Nuisance (cont) Flexib​ility in Zoning: Variance

Remedies Injunction except​ional

Bundle of sticks: Damages undue hardship
Right to exclude- essential stick in the
bundle Trespass Landlord Tenant Law
Right to possess
Unpriv​ileged intent​ional 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 (revoc​able) tenancy

Injunction tenancy at terminated by either party at

Trespass Defenses will any time
Treble Damages
Human Value tenancy at Relati​onship between LL and
Punitive Damages
Necessity sufferance tenant who wrongfully holds
over after termin​ation
Competing Justif​ication 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 unreas​onably
Effici​ency/ maximi​zation of social welfare
Rule Open and (visible)
Distri​butive Justice Notorious
Majority Right to refuse service to anyone
Sovereign Authority Rule unless they are protected by law. Continuous (Can use tacking
Gifts and Inheri​tance (This does not apply to common approach)
carriers and inn keepers) Without owner -
Nuisance permission
Improving Trespasser
A non trespa​ssory interf​‐ (must be a For a period of -
erence with property substa​ntial Somebody builds on land and improves the time set by the
rights interf​erence) value statute of
Analysis What is the limita​tions
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
jurisd​ictions
Suitab​ility for ultimate cost
location of
amount accomp​lished 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

cheatography.com/parkeraz/ Last updated 26th July, 2019. Everyone has a novel in them. Finish
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 Property Law Cheat Sheet
by parkeraz via cheatography.com/32519/cs/10020/

Prescr​iptive Easement - Elements Real Covenant Implied Reciprocal Negative Servitude

(cont)
Open and (acqui​esce- 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, constr​uctive, or inquiry)
intent for burden and benefit run with the
and hostile presumed to be adverse) land
Restri​ctions to Covenants
Continuous - touch and concern the land
Can enforce restri​ctions as long as its not
Sustained - privity vertical and horizontal
unreas​onable
- -
Servitude Restri​ctions/ covenants cannot be contrary
Relief Money damages to public policy
Appurt​enant 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 restri​ctions are not specified at the
outset, they may be implied in the court of
Steps to solve a servitude problem
law
Is this appurt​enant 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 develo​pment
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 restri​ctive 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 applic​ation of an implied
parcel covenant is sought was
intended to be part of the
Use was apparent and continuous
general scheme of develo​‐
Contin​uation of use id "​rea​sonably necess​‐
pment AND
ary​"

By parkeraz Published 2nd December, 2016. Sponsored by ApolloPad.com

cheatography.com/parkeraz/ Last updated 26th July, 2019. Everyone has a novel in them. Finish
Page 2 of 2. Yours!
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