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easement - right of holder
right to use a tract of land (servient tenement) for a special purpose, but no right of possession.
affirmative or neg easement
affirmative entitles holder to enter and amke affirmavite use, neg entitles holder to compel possessor to refrain from doing an activity
appurtenant or in gross easement
appurtenant requires adjacent tracts of land where one is benefited and one is burdened, with benefits passing with transfers of the benefited land
in gross - hodler has right of special use in servient tenement independent of ownership or possession of benefited land
created by written grant. Should state interest = easement, as well as location, scope and duration.
Statute of Frauds applies.
Easement by necessity
landlocked parcel that was once in common ownership with no access.
easement by prescription
adverse possession but for easements
IF, prior to time tract is divided, use exists on the servient part that is reasonably necessary for enjoyment of the dominant part and ct determines parties intended use to continue after division of property
termination of an easement
merger, abandoned, release, prescription (blocks for 10 years)
not interest but permits holder to go on land of another and can be revocable at any time.
profit a prendre
non possessory interest in land. entitled to enter and take stuff. implied easement.
OCEAN. 10 years. 7 if pay taxes. AP doesnt need to record to be protected against a BFP
non conforming use
zoning regualtions enacted or amended, preexisting duties to use allowed to remain. nonconforming use may be intensified, as long as doesnt hurt neighborhood, but can't be enlarged or changed to different use.
If non conforming use abandoned, cant be restarted later.
special use permits
granted pursuant to an existing zoning ordinance. generalyl granted for uses that may generate speccial problems (think drive thru) and only permitted in certain circumstances describled in the ordinance
alter existing zoning ordinances. WA treats as adjudications between interested parties
grant to violate zoning ordinance in some way. must prove that change in zoning reg caused unique hardship or difficulty and that variance will not cause unreasonble harm to neighboring land
quasi-judicial zoning action
granting a variance or rezone. subject to procedural due process rquirements, tho APA will not apply. Thus public notice and a hearing
- private = substantial unreasonable interference with another private individuals use or enjoyment of the property
- public unreasonably interferes with health, safety, or prop rights of community.
use of easement
can be intensified and can change character with advances in technology. but essential use and scope cannot change.
- a real covenant is a written promise to do something on the land or not to do something. To be valid, it must be in writing, given for consideration, and acknowledge. Should bind and benefit all future owners.
- Enforceable if it touches and concerns the land, intended to run with the land, and privity of estate (only required for burden to run).
To get an injunction or specific performance, MUST show that it is an equitable servitude
ES needed for injunction or specific performance. Cov that, regardless of whether it runs with land at law, equity will enforce against transferees of burdened land who have notice of cov.
improper rezone often is one which is an arbitrary zoning of small area inconsistent with the rest of the larger area. Must follow proper procedure including notice and hearing for all interested parties, including previous land owners. must be based on changed circumstances.
state environmental policy act. Requires that either a declaration of no significant or environmental impact statement made available to interested parties. RESIDENTIAL PROJECTS OF FOUR UNITS OR LESS are presumptively exempt from SEPA unless specific finding that they will have big impact.
Estoppel -- when relied on
Gov taken action, such as rezoning, ussing permit, and person relies on it to her detriment, gov may not be able to take it back even if improper.
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