Real Property Rights Flashcards

Which type of zoning variance allows a property owner to use land in a manner not otherwise permitted under the current zoning classification?

Answer: Use variance

A use variance permits an owner to use property for a purpose expressly prohibited by the applicable zoning ordinance, typically requiring a showing of hardship.

A property owner whose land is physically taken by the government for a public highway is entitled to compensation under which constitutional provision?

Answer: Takings Clause of the Fifth Amendment

The Takings Clause of the Fifth Amendment (incorporated to states via the Fourteenth) requires just compensation whenever the government takes private property for public use.

Which doctrine provides that a deed containing an erroneous legal description may be reformed to reflect the parties' actual intent?

Answer: Equitable reformation

Equitable reformation allows a court to correct a written instrument, including a deed, to conform to the parties' mutual intention when the document contains a mistake.

A developer who records a plat and sells lots in a subdivision based on a general plan may be prevented from violating the scheme by which doctrine?

Answer: Implied reciprocal negative servitude

The implied reciprocal negative servitude doctrine holds that when a developer sells lots subject to a common scheme, all lots are mutually bound by restrictions even if not stated in every deed.

Under the concept of 'tacking' in adverse possession, which element must link the adverse possessor's period of use to a predecessor's period?

Answer: Privity of possession

Tacking requires privity of possession—a voluntary transfer of the property between successive adverse possessors—to combine their periods to satisfy the statutory requirement.

Which type of easement, once created, benefits the land itself and automatically transfers with every conveyance of the dominant estate?

Answer: Easement appurtenant

An easement appurtenant is attached to and runs with the dominant estate, passing automatically to each successive owner without any specific mention in the deed.

A seller who conveys property by a quitclaim deed warrants to the buyer:

Answer: Only that the seller holds whatever interest, if any, they have

A quitclaim deed transfers only whatever interest the grantor actually holds—no more, no less—and contains no title covenants or warranties whatsoever.