Maine Prescriptive Easement Law
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Leases and the Rule Against Perpetuities
LEASES AND THE RULE AGAINST PERPETUITIES EDWIN H. ABBOT, JUNIOR of the Boston Bar INTRODUCTION The purpose of this article is to consider the application of the rule against perpetuities to leases. A leasehold estate has certain peculiari- ties which distinguish it, as a practical matter, from other estates in land. At common law it required no livery of seisin, and so could be created to begin in futuro. Although it is not an estate of freehold the duration of the estate may be practically unlimited-it may be for 999 years or even in perpetuity. The reversion after an estate for years is necessarily vested, no matter how long the term of the lease may be, yet the leasehold estate is generally terminable at an earlier time upon numerous conditions subsequent, defined in the lease. In other words the leasehold estate determines without condition by the effluxion of the term defined in the lease but such termination may be hastened by the happening of one or more conditions. The application of the rule against perpetuities to such an estate presents special problems. The purpose of this article is to consider the application of the rule to the creation, termination and renewal of leases; and also its effect upon options inserted in leases. II CREATION A leasehold estate may be created to begin in futuro, since livery of seisin was not at common law required for its creation. Unless limited by the rule a contingent lease might be granted to begin a thousand years hence. But the creation of a contingent estate for years to begin a thousand years hence is for practical reasons just as objectionable as the limitation of a contingent fee to begin at such a remote period by means of springing or shifting uses, or by the device of an execu- tory devise. -
Covenants in a Lease Which Run with the Land
COVENANTS IN A LEASE WHICH RUN WITH THE LAND EDwiN H. ADBoT, JR. Assistant Attorney-General, Massachusetts I PRELIMINARY The purpose of this article is to consider anew the tests which deter- mine whether a covenant in a lease will run with the land. The subject is by no means novel. The leading case was decided in 1583,1 if the resolutions promulgated in Spencer's Case can be considered a decision. But in view of the seeming conflict between the first and second reso- 'Spencer's Case (1583, K. B.) 51Co. Rep. 16a. The first two resolutions read as follows: i. When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee although he be not bound by express words: but when the covenant extends to a thing which is not in being at the time of the demise made, it cannot be appurtenant or annexed to the thing which hath no being: as if the lessee covenants to repair the houses demised to him during the term, that is parcel of the contract, and extends to the support of the thing demised, and therefore is quodammodo annexed appurtenant to houses, and shall bind the assignee although he be not bound expressly by the covenant: but in the case at bar, the covenant concerns a thing which was not in esse at the time of the demise made, but to be newly built after, and therefore shall bind the covenantor, his executors or administrators, and not the assignee, for the law will not annex the covenant to a thing which hath no being. -
Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
Chapter 6 Summary Ownership of Real Property
Chapter 6 Summary Ownership of Real Property California Real Estate Principles Estate in land - degree of ownership one holds in the land. Feudal system - all land was once owned by the king/government; Allodial System (USA) - although the government detains some rights, individuals own property without proprietary control of government. Freehold estate - the estate lasts at least a lifetime; leasehold estate - renting or leasing. Types of freehold: • Fee Simple (Fee Simple Absolute) - Owns the bundle of rights – unlimited duration; inheritable. • Fee Simple Defeasible is based on an occurrence of a specified event – conditions. • Fee Tail - Property inherited by a monarch is illegal in the United States. • Life Estate: Voluntary Life Estates or "Conventional Life Estates." o Estate in Reversion • A life estate that is deeded to a life tenant - incomplete bundle of rights during lifetime. • A reversion estate that is retained by the grantor. After death of life tenant, grantor has complete bundle of rights. o Estate in remainder: differs from the above because the remainder estate is given to a third party who is known as the remainderman. After death of life tenant, the remainderman has complete bundle of rights. o Pur Autre Vie (estate in reversion/estate in remainder) - life tenant has the incomplete bundle of rights until a third party dies. o Involuntary Life Estates are legal life estates or marital right. It is not possible to sell the property without the consent of the partner, or to own property in one name only. o Dower - a wife's interest in the husband's property; Curtesy - a husband's interest in a wife's property; Homestead - protection against unsecured debts for the party who did not sign for the loan. -
Present Legal Estates in Fee Simple
CHAPTER 3 Present Legal Estates in Fee Simple A. THE ENGLISH LAW T THE beginning of the thirteenth century, when the royal courts of justice were acquiring effective A control of the development of private law, the possible forms of action and their limits were uncertain. It seemed then that a new form of action could be de vised to fit any need which might arise. In the course of that century the courts set themselves to limiting the possible forms of action to a definite list, defining with certainty the scope of permitted actions, and so refusing relief upon states of fact which did not fall within the fixed limits of permitted forms of action. This process, of course, operated to fix and limit the classes of private rights protected by law.101 A parallel process went on with respect to interests in land. At the beginning of the thirteenth century, when alienation of land was becoming possible, it seemed that any sort of interest which ingenuity could devise might be created by apt terms in the transfer creating the interest. Perhaps the form of the gift could create interests of any specified duration, with peculiar rules for descent, with special rights not ordinarily in cident to ownership, or deprived of some of the ordinary incidents of ownership. As in the case of the forms of action, the courts set themselves to limiting the possible interests in land to a definite list, defining with certainty 1o1 Maitland, FoRMS OF ACTION AT CoMMON LAW 51-52 (reprint 1941). 37 38 PERPETUITIES AND OTHER RESTRAINTS the incidents of permitted interests, and refusing to en force provisions of a gift which would add to or subtract from the fixed incidents of the type of interest conveyed. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Uniform Environmental Covenants Act
UNIFORM ENVIRONMENTAL COVENANTS ACT drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its MEETING IN ITS ONE-HUNDRED-AND-TWELFTH YEAR WASHINGTON, DC AUGUST 1-7, 2003 WITH PREFATORY NOTE AND COMMENTS Copyright ©2003 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS September 27, 2018 DRAFTING COMMITTEE ON UNIFORM ENVIRONMENTAL COVENANTS ACT WILLIAM R. BREETZ, JR., University of Connecticut School of Law, Connecticut Urban Legal Initiative, 35 Elizabeth Street, Room K-202, Hartford, CT 06105, Chair MARION W. BENFIELD, JR., 10 Overlook Circle, New Braunfels, TX 78132 DAVID D. BIKLEN, 153 N. Beacon St., Hartford, CT 06105 STEPHEN C. CAWOOD, 108 ½ Kentucky Ave., P.O. Drawer 128, Pineville, KY 40977-0128 BRUCE A. COGGESHALL, One Monument Sq., Portland, ME 04101 FRANK W. DAYKIN, 2180 Thomas Jefferson Dr., Reno, NV 89509, Committee on Style Liaison THEODORE C. KRAMER, 45 Walnut St., Brattleboro, VT 05301 DONALD E. MIELKE, Ken Caryl Starr Centre, 7472 S. Shaffer Ln., Suite 100, Littleton, CO 80127 LARRY L. RUTH, 530 S. 13th St., Suite 110, Lincoln, NE 68508-2820, Enactment Plan Coordinator HIROSHI SAKAI, 3773 Diamond Head Circle, Honolulu, HI 96815 YVONNE L. THARPES, Legislature of the Virgin Islands, Capitol Building, P.O. Box 1690, St. Thomas, VI 00804 MICHELE L. TIMMONS, Office of the Revisor of Statutes, 700 State Office Bldg., 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 KURT A. STRASSER, University of Connecticut School of Law, 65 Elizabeth St., Hartford, CT 06105-2290, Reporter EX OFFICIO K. -
Covenant Marriage: Legislating Family Values
COVENANT MARRIAGE: LEGISLATING FAMILY VALUES A MY L. STEWART* INTRODUCTION Hardly a social problem exists that has not been attributed to the breakdown of the American family, and hardly has there been a time in American history when this has not been true. Today, a decline in “family values” is blamed for crime, drug use, low educational achievement, poverty, and probably in some circles, for the weather. The solution to these problems, the theory goes, is to save the family, and the way to save the family is to make it harder to get divorced. In some states, conservative lawmakers are charging to the rescue. They propose a concept called “covenant marriage,” a sort of “marriage deluxe” that would be slightly harder to enter and much harder to exit than a “regular” marriage. Their goal is to reduce the divorce rate by preventing bad marriages before they begin and by restricting divorce once a couple is married. In July 1997, Louisiana became the first state to pass a covenant marriage bill.1 This Note assesses the likely effectiveness of such a measure. It concludes that marriages are better made in the human heart than in the statehouse halls. Part I of this Note reviews the evolution of American divorce law to provide an historical context for the current movement to reform those laws. As one product of this new reform movement, the covenant marriage proposal itself is described in detail. In an effort to evaluate whether new restrictions on divorce will improve social conditions, the current, less restrictive scheme of no-fault divorce is analyzed to determine whether it has been responsible for adverse social consequences. -
In Defense of the Fee Simple Katrina M
Notre Dame Law Review Volume 93 | Issue 1 Article 1 11-2017 In Defense of the Fee Simple Katrina M. Wyman New York University School of Law Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Property Law and Real Estate Commons Recommended Citation 93 Notre Dame L. Rev. 1 (2017) This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\93-1\NDL101.txt unknown Seq: 1 15-NOV-17 13:44 ARTICLES IN DEFENSE OF THE FEE SIMPLE Katrina M. Wyman* Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. The critics propose that landown- ership be reformulated to enable private actors to forcibly purchase land from other private own- ers, similar to the way that governments can expropriate land for public uses using eminent domain. While recognizing the significance of the critique, this Article takes issue with it and defends the fee simple. The Article makes two main points in defense of the fee simple. First, addressing the critique on its own economic terms, the Article argues that the critics have not established that there is a robust economic argument for dispensing with the fee simple. -
Covenant Marriage: a Fact Sheet
Covenant Marriage: A Fact Sheet Examining covenant marriage and its take up rate in the states that have enacted it Background could do so. These laws, in conjunction with other social shifts, led to sharp increases of divorce rates in Marriage is a long held tradition in many cultures. It the 1980s. is the legal and/or often religious ceremony joining two people in the eyes of a family, religion and/or As the public came to understand that half of mar- government. Traditionally, marriage is “until death do riages end in divorces, a movement to restore a us part.” However, it is a social contract that can be traditional model of lifelong monogamous marriages broken. Before 1970, getting a divorce meant prov- and reduce divorce began in the 1990s. Covenant ing that one spouse had done something wrong or marriage is an approach to divorce reform that allows had acted in a way that caused the breakdown of the couples to opt for a marriage that is more difficult to marriage. Someone had to be at “fault,” which meant end than the “standard” marriage granted in most that grounds for the divorce had to be established. states. It is completely voluntary, only available in a Such grounds might have included adultery, physical few states, and somewhat controversial. This Fact or mental abuse, abandonment, confinement or hold- Sheet examines what is known about covenant ing against one’s will, insanity and the inability to be marriage and its take up rate in the states that have intimate with your spouse. -
Off-Record Risks for Bona Fide Purchasers of Interests in Real Property
Volume 72 Issue 1 Dickinson Law Review - Volume 72, 1967-1968 10-1-1967 Off-Record Risks for Bona Fide Purchasers of Interests in Real Property Ralph T. Straw Jr. Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Ralph T. Straw Jr., Off-Record Risks for Bona Fide Purchasers of Interests in Real Property, 72 DICK. L. REV. 35 (1967). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol72/iss1/3 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. OFF-RECORD RISKS FOR BONA FIDE PURCHASERS OF INTERESTS IN REAL PROPERTY By RALPH L. STRAW, JR.* Introduction I. Forgeriesand Frauds A. Forged Instruments B. FraudulentReleases C. Defrauding of a Grantor II. Incapacity of a Grantor A. Mental Incapacity of a Grantor B. Infant Grantor C. Legal Incapacity II. Lack of an Essential Formality in the Execution of an Instrument A. Lack of Delivery B. Lack of Acknowledgment IV. Mechanics' Liens V. UnrecordedFamily Rights A. Dower B. Rights of Pretermittedor After-Born Children C. Community Property Rights VI. PriorAdverse Possessionand Undisclosed Easements A. PriorAdverse Possession B. Undisclosed PrescriptiveEasements C. Undisclosed Implied Easements VII. Failure to Inquire with respect to Possession Not on its Face Inconsistent with Purchaser'sRights VIII. Tolled Limitations Periods IX. Prior Holder in Chain of Title Senior in Record but Junior in Time of Actual Notice X. -
Condominiums
Condominiums CONX01 Declaration Exception (with Option or First Refusal) Terms, provisions, option, right of first refusal, covenants, conditions, restrictions, easements, charges, assessments, and liens provided by applicable condominium law or the Condominium Declaration and Bylaws recorded ___________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. CONX02 Declaration Exception (with Option or First Refusal) - Violation Does Not Affect Good Faith Mortgage Terms, provisions, option, right of first refusal, covenants, conditions, restrictions, easements, charges, assessments, and liens provided by applicable condominium law or the Condominium Declaration and Bylaws recorded ___________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. The Condominium Declaration and Bylaws also provide that any violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value. CONX03 Declaration