Ownership and Often seen as most important
Control Over the property right
Use of Property Courts have to protect - property
Involves two parcesl of land: dominant (derives
benefit) and servient (bears burden aka the land
rights hollow if there's insufficient
means to protect used). Can get via purchase, implied,
presription, estoppel
Not absolute - dominion over
Right to Exclude (trespass: property rights doesn't give dominion Easement Appurtenant: benefits easement
land invaded by physical over people on your property owner in the use of land belonging to that owner
object) (property described in location terms - church
purposes - not specific church) (PREFERRED
BY COURTS)
Private v. Public
Nuisance Law: provides a Easement in Gross: benefits easement owner
remedy for nonphysical personally rather than in connection with the
Remedies: Injunction, Damages
invasions to protect use and use of land (church example: want easement to
be with them specifically, not the land)
enjoyment of land
Coase: nuisance law forces
companies to take externality
(pollution) into account
Real Covenant (Damages):
4 requirements: writing, intend that it run with
Easement: a grant of interest in the land, touch and concern, privity of estate
Servitudes: agreements land that entitles a person to use
land possessed by another (just
between neighbors - land
about use - right of way is a
owned by one person subject common example) Equitable Servitude (Injunction)
to specified use by another 4 requirements: writing, intend that it run with
the land, touch and concern, NOTICE (not
Covenant: a right that arises from privity)
a promise respecting use of land
by one landowner to another (like
not to do something, for example) Termination: terminate based on changes
inside or outside the land - remember changed
circumstances rule!
Euclidian Zoning: regulations on use,
height, area to regulate property. Districts
graded highest (single family homes) to lowest Variance: permits use of land in a way
(worst type of industry). Higher uses permitted
in areas zoned for lower uses, but not vice expressly prohibited. Two Rules:
versa (can have single family home in 1. Necessary to avoid undue hardship
apartment district; can't have commercial 2. Doesn't impinge on public good or
Zoning: systematic appraoch to business in residential district.
intent/purpose of zoning plane
organizing incompatible land uses -
zoning boards restrict certain areas Flexible Zoning
to certain purposes
Special Exception: puse permitted by
Aesthetic Zoning: restrictions on ordinance that's not necessarily incompatible,
apperance on property - valid if related but may cause harm if not watched. Two
to general welfare approaches:
1. Zoners use as discretionary device, only
Restrictions on Household approve if very general criteria met
Composition: okay for safety reasons, 2. Very detailed criteria, and if met, exception
but keep in mind FHA and discrimination granted
Physical Takings: physical takings Categorical Rules:
allowed for public use/public 1. Regulations that control nuisances or nuisance
like activity are not takings, gov. shouldn't have to
purpose - but always require
pay to regulate/protect people from nuisance.
compensation 2. Permanent physical occupation authorized by
government is always a taking (even if serves public
Eminent Domain interest - but has to be occupation by a third party).
(Takings): power of government 3. A regulation that denies owner of all economically
beneficial use is a taking (unless it was something
to take title to property against the government could regulate before)
owner's will Regulatory Takings: occurs when
government regulates the use of
property in a way that impacts Penn Central Test to Determine whether a
owners, but may or may not regulation is a taking
amount to a taking. Regulations 1. Economic impact of regulation
that go too far = takings; so has the (interfererence with investment backed
consequence of the regulation expectations, dimunition in value)
amounted to a taking? 2. Character of government action
(disproportionate affects, reciprocity of
advantage, is government abusing power?
