Property questions

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Property questions

Postby Omerta » Tue Mar 29, 2011 11:01 pm

I found posting questions and (trying) to answer others' questions very helpful last semester. I thought it might be good to create question compiling megathreads for each class close to exam time. A lot of similar questions get asked around exam time. A central thread may save people from digging through archives, cluttering the front page, and posting redundant threads. Then again, I'm not going to create 8-ish threads because maybe people think this idea is stupid. If the idea floats, then it does. If it doesn't, then these are some questions I had anyway.

1. So I'm confused about the difference between an easement by implication and an easement by prescription. Implication seems to be adverse-possession lite: it's easier to get and grants the same rights. So what's the difference between the two? Is it only that implied easements need to come from a common/undivided tract of land and concern an apparent use? How does the lost grant theory fit into all of this?

2. What’s the difference between constructive eviction and quiet enjoyment? Both of them are equitable remedies for tenants against landlords right? Is there any difference in proving them or the remedy?

3. Under RAP, do you treat alternative contingent remainders as the same as a vested remainder (assuming the ACR or vested isn't subject to open)? Logically, you know the outcome by looking at BOTH SIDES of the condition so shouldn't that avoid the uncertainty problem RAP is trying to deal with?

4. What about a driveway problem: A and B sign agreement for a shared driveway. Both spend money improving/maintaining it and generally things are splendid until A and B sell to C and D. C and D get angry over who gets land. Could you construe as an easement/license/equitable servitude?

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