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Law
Property Law Principles
Use Restrictions
Easements
Definition and Purpose
Rights to use another's land for specific purposes
Benefit and burden concepts
Types of Easements
Appurtenant Easement
Involving two parcels of land: dominant and servient
Example: Right of way
Easement in Gross
Personal in nature, no dominant estate
Example: Utility company rights
Creation of Easements
By express grant or reservation
By implication
Prior use
Necessity
By prescription
Continuous and adverse use
Termination of Easements
Expiration of term
Release by dominant estate holder
Merger (when dominant and servient lands are owned by same person)
Abandonment
Adverse possession
Covenants
Definition and Importance
Promises concerning the use of land
Enforceable against successors in interest
Types of Covenants
Real Covenants
Must meet requirements for creation
Runs with the land
Equitable Servitudes
Enforced in equity
Requirements for burden and benefit to run
Creation of Covenants
Written agreement
Requirements for valid real covenants
Intent
Touch and concern
Privity of estate
Enforcement of Covenants
Legal remedies for breach
Equitable remedies
Defense against enforcement (changed conditions, waiver)
Licenses
Definition and Characteristics
Revocable permission to do an act on another’s land
Does not create an interest in land
Differences from Easements
Typically informal and temporary
Revocable at will unless coupled with an interest or paid for
Revocability
Duration and conditions for termination
Circumstances leading to irrevocability (license coupled with an interest)
Examples
Tickets to events
Permission to enter land for hunting or recreation
Real-life Applications and Examples
Common scenarios where use restrictions are applied
Residential community restrictions
Business usage and access rights
Impact on property value and utility
Legal Implications and Disputes
Common legal issues and disputes arising from use restrictions
Process for resolving easement and covenant disputes
Role of zoning laws and public regulations in use restrictions
Interaction with Zoning Laws and Public Regulation
Modifications and exemptions through variances and permits
Balancing private use restrictions with public planning requirements
5. Ownership
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7. Zoning Laws