Exam (elaborations)
REE 3433 Ch. 13 (1)
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Exam of 7 pages for the course REE 3433 CH 4 & 5 at REE 3433 CH 4 & 5 (REE 3433 Ch. 13 (1))
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REE 3433 Ch. 13Private control of land use - ANS-Tort law
Private agreements (contracts)
Nuisance - ANS-The unreasonable interference with the use or enjoyment of land
without a physical invasion.
Private:
The unreasonable interference with a private person's use or enjoyment of land without
a physical invasion.
Public:
An unreasonable interference with a right that is common to the general public.
(tort law)
Trespass - ANS-An unlawful interference with a person's property or rights (tort law)
Strict liability - ANS-Responsibility for personal property damage regardless of whether
it was caused by a negligent or intentional act.
(tort law)
Requires proof that landowner was engaged in abnormally dangerous activities or that
she was making a non-natural use of the land
Negligence - ANS-The failure to do what a reasonable person would have done under
the circumstances. (tort law)
Requires the plaintiff first to prove the existence of an objective standard of care and
then to prove that the defendant did not meet that standard
Covenant running with the land - ANS-A contractual promise that passes/runs with the
land.
Created by a deed
Separate, detailed document
Declaration of Covenants, Conditions and Restrictions (CCR)
, Must comply with Statute of Frauds:
1. The writing should state an intention that the covenant runs with the land
It "binds the assignees and successors"
2. The covenant should "touch and concern" the land
The promise must relate to the land in such a way as to affect its value.
3. There should be privity of estate - ANS-CCR
Expiration of CCR - ANS-Courts will enforce for time period stated unless changed
conditions in neighborhood.
Some state statutes have time limitation.
Marketable Title Act may also affect
If zoning ordinance is more limited than covenant, zoning ordinance prevails.
CCRS cont. - ANS-Implied Reciprocal Restrictions:
Owners are bound by restriction if they are part of a general plan of development and if
they had notice upon purchase
Racially Discriminatory Covenants:
The 14th amendment protects against interference with individual's rights by engaging
in discriminatory conduct.
Covenants as Private Planning:
A.) Developers may impose restrictive covenants to maintain architectural controls,
restrict uses and assess fees for common area maintenance.
B.) HOA may use covenants and restrictions and enforce them by placing liens on
property
Governmental Ownership - ANS-Federal government owns over 650 million acres,
approximately 29% of nation's land
1.) Nevada 82.9% 2.) Alaska 66%
Gov acquisition of Real Estate - ANS-1. Escheat
2. Condemnation
3. Eminent Domain
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