Property Fall Build: Covenants, Equitable Servitudes, Common-Interest Communities, Nuisance, Zoning, and Takings
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📘Turn this episode into a Game or Exam-Ready Study Plan.📘 👉 CLICK HERE TO OPEN YOUR FREE STUDY GUIDE 👈 🎧 EPISODE SUMMARY 🎧 Property ownership is shaped by land-use restrictions. Real covenants bind successors; burdens and benefits are analyzed separately. Burdens require writing, intent, touch and concern, privity, and notice. Notice may be actual, record, or inquiry. Equitable servitudes use injunctions, requiring writing, intent, touch and concern, and notice. Common schemes bind developments through general plans with notice. Common-interest communities bind owners through recorded CC&Rs and bylaws. Private nuisance is unreasonable, substantial interference with land use. Public nuisance affects public rights; private suits require special harm. Zoning uses police power to regulate land density and form. Existing lawful uses continue as nonconforming uses. Variances grant relief for area or use hardships. Special exceptions authorize uses under specified conditions. Takings require just compensation for public use or physical occupation. Eliminating all economic use is a categorical taking. Regulatory takings evaluate economic impact, expectations, and character. Exactions require essential nexus and rough proportionality. Eminent domain condemns property for fair market value. Land rights exist within overlapping systems: Identify restriction sources before applying specific doctrines.
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