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ADMS2610-Session12-Ch23.docx

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Department
Administrative Studies
Course
ADMS 2610
Professor
Robert Levine
Semester
Winter

Description
ADMS2610 Session 12 Chapter 23 (pg. 447-448, 450-456) Interests in Land Lesser Interests in land - Easements o A right to use the property of another, usually for a particular purpose o Dominant Tenement – a parcel of land to which a right of way or easement attaches for its better use o Servient Tenement – a parcel of land to a right of way or easement o Right of way – a right to pass over the land of another, usually to gain access to one’s property - Restrictive Covenant o A means by which an owner of property may continue to exercise some control over its use after the property has been conveyed to another  Promise not to use the property in a particular way  Control the uses of the land, control the keeping of animals  Void against pubic policy if attempts to prevent the purchase or use by a person based on race, creed, colour, nationality, or religion  Helps maintain value of property Possessory Interests in Land - Adverse Possession o A possessory title to land under the registry system acquired by continuous, open, and notorious possession of land inconsistent with the title of the true owner for a period of time (usually 10-20 years)  Occupant in possession must do the acts normally required by the owner (pay taxes, maintain fences)  Treat it as the occupant’s own - Encroachment o A possessory right to the property of another that may be acquired by the passage of time  E.g. Roof “overhang” o Encroachment is any infringement by one person or entity on the rights of a person or an entity on the rights of another person or entity o Building constructed too close to property line o Building constructed on neighbor’s property Fixtures - Fixtures o Chattels permanently or constructively attached to real property o Early rule: use and enjoyment
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