WEEK 12 - Week 12 I. Property Law (cont.) A. Rights in land...

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Week 12 I. Property Law (cont.) A. Rights in land of others A.1. Profit v. License A.1.a. Profit – right to take something from land A.1.a.i. May run with land A.1.a.ii. Normally created by conveyance A.1.a.iii. Legally an “interest in land” A.1.a.iv. Example of Profit: Let assume there are two adjacent parcels, A and B. Assume parcel B has a water well in it. The owner of parcel A may have a “profit” over parcel B to take water from the well. A.1.a.iv.I. Similar analysis to implied easements (by necessity, by proscription, etc.). A.1.a.v. Types of profits: Oil rights, mineral rights, etc. A.1.a.vi. Profit runs with the land, they are not personal rights. So owner of parcel A for example will always be able to remove water from parcel B’s water well, no matter if the owner of A changes A.1.a.vii. Only way to get the Profit go away is if the dominant tenement owner agrees to surrender it or abandons it by not using it for a long period of time A.1.b. License – right to use property A.1.b.i. Clearly temporary A.1.b.ii. Revocable at will A.1.b.iii. Example: season tickets. They are a license, and there are terms for it (for example, using profanity in Lynah Rink can get you kicked out). A.2. Lateral and Subjacent Support A.2.a. Right to keep land from collapsing A.2.b. Neighbor’s behavior cannot cause injury to land or interfere with use of land A.2.b.i. Violation would be nuisance or trespass A.2.c. No tunneling or mining underneath A.2.d. No excavation along boundaries A.3. Access to Sunlight/Fresh Air A.3.a. No common law right A.3.a.i. To either sunlight or fresh air A.3.b. Common law rules modified because of energy needs – solar energy concerns A.3.b.i. Judicial adoption A.3.b.ii. Solar easements A.3.b.ii.I. New York has such statute enacted A.3.b.ii.II. If you are putting in solar panels and are worried about the neighbors interfering with your solar energy, then you can go to your neighbors and purchase a solar easement that will control how they can develop their property. So, you pay your neighbor
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not to do things on their property that will interfere with your use of solar panels. A.3.b.iii. Statutes, particularly zoning laws are the ones that deal with these rights and created these rights A.3.c. Example: case from Miami Beach hotels suing each other. A hotel gets an addition to it. But this addition creates a new shadow over the beach of a hotel next to it from around 2 PM on. So, the adjacent hotel sues and says this is a nuisance and there is a loss of business to us. The hotel loses, Florida Supreme Court says that there is no common law right to sunlight. A.3.c.i. Things have changed since then A.3.d. Wisconsin Supreme Court has recognized the rights to sunlight. Reason in particular due to sunlight being at a premium t here.
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WEEK 12 - Week 12 I. Property Law (cont.) A. Rights in land...

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