Property Law For Dummies Cheat Sheet - Dummies

10/11/2019 Property Law For Dummies Cheat Sheet - dummies
  Education  Law  Property Law For Dummies Cheat Sheet
Cheat Sheet
Property Law For Dummies Cheat

Sheet
From Property Law For Dummies
By Alan R. Romero
To make use of property law, you have to be able to apply it to factual situations. This Cheat
Sheet summarizes some of the more important or di cult property law rules and gives you a
quick reference on how to apply them.
×
For
Dummies:
The
Determining Whether a Covenant Runs with the Land
Podcast
A person who makes a covenant to another is bound by her promise, and the other person can
Check out
enforce it in court. But if someone else seeks to enforce
the brandthe covenant, or if someone seeks to
new the original covenantor, you have to decide
enforce the covenant against someone other than
podcast
whether the covenant applies to those people who weren’t parties to the covenant.
series that
makes
learning
easy with
host Eric
Martsolf.
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https://www.dummies.com/education/law/property-law-for-dummies-cheat-sheet/ 1/6
Someone other than the original party can enforce the covenant against a successor to
the original covenantor if the following are true:
The covenant touches and concerns the original party’s land, meaning the performance of
the covenant somehow a ects the land.
If a successor seeks to enforce the covenant, the original parties intended the covenant to
be enforceable by successive owners of the bene tted land. If someone seeks to enforce
the covenant against a successor to the original party, the original parties must have
intended the covenant to be enforceable against successive owners of the original
covenantor’s land.
The original parties had horizontal privity (they created the covenant when one of the
parties was transferring one of the subject properties to the other, or they made the
covenant related to a leasehold or easement), and the successor has vertical privity with the
original party whose position she is taking over (she succeeded to the original party’s estate
× in some or all of her land); or, alternatively, the person against whom the covenant is to be
For
enforced has notice of the covenant right belonging to the enforcing party.
Dummies:
The
Podcast
Check out
the brand
new
Creating Easements podcast
series that
An easement is a right of one person to use (or control the use of) another person’s land. You
makes
can create an easement in any of the followinglearning
ways:
By express agreement: If the agreementeasy isn’t with

evidenced by a writing satisfying the statute
host Eric
of frauds, you have to prove estoppel or part performance in order to enforce the
Martsolf.
agreement.
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By implication: An easement is implied by prior use when an owner has been using part
of his land to bene t another part of his land in some way that’s apparent, continuous, and
reasonably necessary and then transfers one of those parts to someone else. An easement
is implied by necessity when a landowner transfers part of his land and one of the resulting
parts thereby loses any access to a public street. The ling of a subdivision plat also implies
that lot owners have easements that are shown on the plat.
By prescription: You acquire an easement by using someone else’s land openly and
continuously as if you have the right to do so for a period of time speci ed by state statute.
Zoning Flexibility Devices

Sometimes, zoning laws get in the way of a landowner’s desires. If a landowner wants to use her
land in some way that a zoning ordinance doesn’t allow, here are the steps she can take:
1 If she’s already using her land in that way, determine whether that use precedes the
zoning regulation so that it’s protected as a nonconforming use.
× All zoning ordinances protect preexisting, nonconforming uses to some extent.
For
Dummies:
If her desired land use isn’t protected as a nonconforming use, determine whether
2
the zoning ordinance lists her desired The
use as a conditional use in that zone.
Podcast
If it does, nd the conditions that the ordinance requires to be satis ed and apply for a
conditional use permit. If it doesn’t, justCheck
move out
on to the next step, because you can’t get
a conditional use permit if the use isn’t the
listed as a conditional use.
brand
new
podcast
3 Apply for a variance. series that
makes
To get a variance, typically the landowner must prove that she can’t get a reasonable
learning
return from her property as zoned because
easy with
of the unique physical circumstances of her
host a
property, and she must prove that granting Eric
variance wouldn’t alter the essential
character of the area. Martsolf.
Listen Now
4 Petition the city or county to amend the zoning ordinance, usually to give the
landowner’s property a di erent zoning designation that permits her desired use.
5 If all of the preceding actions fail, or if any of them are unavailable or would be futile
or unduly burdensome to pursue, the landowner can then consider challenging the
constitutionality of the regulation in court
Examples of such a challenge include claiming that the regulation denies substantive
due process or equal protection or is a taking of the landowner’s property requiring just
compensation.
Present and Future Estates

You can gure out which present and future estates an instrument creates by reading the
granting instrument carefully and asking yourself these questions in order:
When this instrument takes e ect, who will have the right to possess the land rst?
×1
You can call this person A. For
Dummies:
2 The
When will that person’s right to possess end?
Podcast
If the instrument doesn’t say anything about his possession ending, A has a fee
simple absolute. Check out
the brand
If A’s right to possess will end at hisnew
death or the death of someone else, A has a
podcast
life estate. If the instrument says someone else (call her B) gets to take possession
series that
when that death occurs, B has a remainder. Otherwise, the grantor has a reversion.
makes
learning
If A’s right to possess will end on a particular date or when one of the parties
easy with
decides to end his possession, A has a leasehold.
host Eric If the instrument says someone
else (B) gets possession when the leasehold
Martsolf. ends, B has a remainder. Otherwise,
the grantor has a reversion.
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If A’s right to possess will end when a speci ed condition occurs, ask yourself the
next question.
3 Who will have the right to possess when the speci ed condition occurs?
If the instrument says someone other than the grantor, A has a fee simple subject to
executory limitation and B has an executory interest. Otherwise, ask yourself the next
question.
4 Does the instrument say that A’s right of possession automatically ends when the
condition occurs — that the estate lasts only as long as the condition doesn’t occur?
If so, A has a fee simple determinable and the grantor retained a possibility of
reverter.
If not, A has a fee simple on condition subsequent and the grantor retained a right of
entry.
×
Forin a row. So after you’ve gone through the
An instrument can create several future estates
preceding list of questions, if A doesn’t haveDummies:
a fee simple absolute and therefore someone
has a future interest, start at the top of the list again; this time, ask the questions about
The
the right of possession after that future interest takes possession. That will tell you which
Podcast
present estate the future estate holder will have after she takes possession and whether
more future estates follow. Keep doing thatCheck out nd someone who has a future
until you
the brand
estate in a fee simple absolute.
new
podcast
series that
makes
learning
easy with
host Eric
Martsolf.
Listen Now
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×
For
Dummies:
The
Podcast
Check out
the brand
new
podcast
series that
makes
learning
easy with
host Eric
Martsolf.
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10/11/2019 Property Law For Dummies Cheat Sheet - dummies

  Education  Law  Property Law For Dummies Cheat Sheet

Property Law For Dummies Cheat

By express agreement: If the agreementeasy isn’t with

Zoning Flexibility Devices

Present and Future Estates

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