Property Law Principles

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