Private Restrictions to Ownership

Private Restrictions to Ownership - Easements Dominant...

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Easements Dominant estate – benefits from the easement, right to use another’s property Servient estate – burdened by the easement, property can be used by another Easement appurtenant – both estates are identifiable o 2 features: relationship b/w two parcels of land & “runs with the land” as a permanent, inseparable feature o Affirmative = give dominant parcel some intrusive use of the servient o Negative = allow no intrusion onto the servient (access sunlight, view) Easement in gross – dominant estate not identifiable, only benefits an individual personally not as an owner of land o Transferrable rights o “commercial easement” o Ex: water, gas lines, use for recreation Creation of easements by deed or by contract o express grant – landowner creates easement in favor of Y o express reservation – landowner disposes land to other but retains easement over the land transferred and is benefited by the easement through the courts (dispute resolution) o easement by implication – by necessity; courts determine grant or reservation o easement by prescription – land owner involuntarily and unknowingly gives up rights to land, property is used as if it were an easement, adverse possession Termination of easements agreement – in writing abandonment – holder demonstrates by physical action an intent to permanently abandon merger of the estates – same person acquires ownership of the easement and servient estate expiration (completion of purpose) – formal date Private Restrictions to Ownership encroachments – property extending onto adjacent land owned by someone else, can sue and force removal or compensation deed (title restrictions) – only owner who created and heirs can enforce restrictive covenants – restrictions applied to a group of homes/lots that are a part of a development/subdivision, creates standard appearance subdivision regulations – serve the interest of all owners and others with interest in the lots, any “parties of interest” can sue for injunction adverse possession = obtaining title to someone else’s land through use o if an easement, easement by prescription – adverse, continuous interruption o if ownership is disputed then need to result in title: actual and exclusive – possession is exclusively to him, in normal use open and notorious – everyone can see, no efforts to hide use hostile – acting contrary to rights of actual owner statutory time period – usually 15 years (5-20) under a claim of right: color of title, payment of taxes
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Government limitations on ownership: issues Externalities – unintended and unaccounted for consequences of one land user upon others o Nuisances o Incompatibilities of use Congestion and Urban sprawl (density issues) – government planning and regulation increase market efficiencies
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This note was uploaded on 11/30/2011 for the course FIN 307 taught by Professor Littleson during the Spring '08 term at Clemson.

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Private Restrictions to Ownership - Easements Dominant...

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