Question No. 1

Easement

Easement can be defined as the right to prevent or to do something on someone else’s real property (land or any other thing that is attached to land). An easement is treated as a right to property by common law (derived from customs). In easy terms, it can be defined as the right to use someone else’s property. But an easement only gives the user the right to use the property, it does not make him/her the owner like in leasing.

An easement can be terminated, its termination includes the following steps.

• Merger into common ownership of the servient tenement and the dominant tenement.
• Express release of rights to the easement.
• Direct legal proceedings.
• Continuous non-use for five years or more.
• Adverse possession taken by the owner of the servient tenement.
• Abandonment of the property.
• Destruction of the premises.
• Excessive use or abuse of the property.

Question No. 2

Land Use Controls

The land-use-control that I would consider if I would be developing a sub-division is the deed control. Deed is a term used for the transference of property rights in real estate. Others include a defeasible fee, restrictive covenants and easements.

Defeasible fee refers to the transfer of land under some condition. For example, the land is provided only for building a school or a hospital.

Restrictive covenants would limit the size of the houses and set back lines.

Deed restrictions usually come with the property and home owners usually are stuck with them. This doesn’t mean that they cannot do anything about it, if they want to change it, then the property owners have to take consent from all the parties who are benefiting from that deed, such as the whole area or community.

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Question No. 3

The activity cannot be treated under the nuisance law as it is not related to noise or smell pollution. But, there are other alternates available to Homer Simpson as well.

First alternate available to Simpson is that he can file a tort law against the Springfield Concrete Plant, as the main goal of a tort laws is for the party to provide compensation for the damage that it has done.

Secondly, there are already laws regarding dust from construction-sites. There is a set standard that the construction sites should not exceed. Simpson can examine if the construction is breaching the set standard and then can file a case accordingly for compensation.

 Question No. 4

Spot Zoning

Spot zoning can be defined as follows.

“The Rezoning of a single parcel or a small area to benefit one or more property owners rather than carry out objectives of the comprehensive plan”

Spot zoning can only be justified when there is a question of health, itis crucial for safety measures, or for moral reasons.

Question No. 5

According to our case in the question with me and my family owning the Porky Pig Slaughterhouse in the area for 80 years, the new neighbors Acme Community for Active Seniors has filed a nuisance case against our organization in relation to the Slaughterhouse generating Smells.........

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