Fixtures

Front 1

Fixture - Definition

Back 1

chattel which has been so affixed to land that it is no longer personal property, and has become part of the reality

*Fixtures pass w/ the ownership of the land

Front 2

Incorporated into Structure

Back 2

1. items have lost identity (e.g. bricks, concrete, building materials) by incorporation into structure

2. identifiable items whose removal would cause considerable damage

Front 3

Owner of Land and Chattel - Same Party

Back 3

chattel will be a fixture if:
1. objective intent of the party who made the 'annexation' was to make item part of the realty

Indications of Intent include:
i. nature of the chattel
ii. manner of attachment to realty
iii. the amount of damage that would be caused by removal
iv. adaption of chattel to property

Front 4

Owner of Land and Chattel - Different Parties

Back 4

accession - annexor's intent to make the chattel a permanent part of the real estate

Front 5

Fixtures - LL Tenant

Back 5

controlling - an agreement between parties

if no agreement --- Tenant presumed to lack the intent to permanently improve the property; may remove fixtures

---must be removed by the end of the lease term (or reasonable time after an indefinite tenancy)
---Tenant responsible for repairing damages caused by chattel removal

Front 6

Lien on Affixed Chattel

Back 6

owner of land affixes chattel > chattel seller retains security interest > land owner then mortgages land

- UCC - the seller will win if the 'fixture filing' is recorded w/i 20 days after being affixed; must compensate mortgagee for damage from removal

Front 7

Easement

Back 7

non-possessory interest in land; right to use land possessed by someone else

- easement holder has right to use another's land for a special purpose, but has no right to possess or enjoy that land

- presumption, absent writing in grant, is that easement is of perpetual duration

Front 8

Affirmative Easement

Back 8

Easement holder is entitled to make AFFIRMATIVE USE of the servient tenement

Front 9

Negative Easement

Back 9

Easement holder entitled to compel possessor of servient tenement to refrain from engaging in an activity on the servient estate

-- now are just restrictive covenants

Front 10

Easement Appurtenant

Back 10

easement that benefits holder in his physical use/enjoyment of another tract of land

- requires 2 tracts:
1. DOMINANT TENEMENT (estate benefitted)
2. SERVIENT TENEMENT (estate subject to easement right)

- passes with BENEFITED land

Front 11

Easement in Gross

Back 11

holder acquires right to use SERVIENT TENEMENT independent of his possession of another tract of land (benefit is to holder, rather than land)

- if for personal pleasure - easement is not transferrable
- if for economic or commercial interest - easement is transferable

Front 12

Expressly Granted Easement

Back 12

- in writing, signed by holder of SERVIENT TENEMENT; compliance with formal requisites of deed

Front 13

Express Reservation Easement

Back 13

- grantor conveys title to land, but reserves the right to continue to use the tract for a special purpose

Front 14

Quasi-Easement - Implied Easement

Back 14

easement implied by existing use if:
i. prior to division of a single tract

ii. an apparent and continuous use exists on SERVIENT portion

iii. use is reasonably necessary for the enjoyment of the DOMINANT portion

iv. Court determines that parties intended use to continue after land has been divided

Front 15

Easement Implied w/o Existing Use

Back 15

applicable in 2 scenarios:
1. Subdivision
2. Profit a Prendre

Front 16

Easement Implied by Necessity

Back 16

arises when land owner sells portion of his tract, and by the division deprives one lot of access to a public road or utility line

Front 17

Easement by Prescription

Back 17

analogous to adverse possession

use of easement must be:
i. open and notorious
ii. adverse
iii. continuous and uninterrupted
iv. for a statutory period

Front 18

Easement - Termination by Merger

Back 18

easement terminates when both properties have a common owner; no automatic revival if divided in the future

Front 19

Easement - Termination by Release

Back 19

deed of release from owner of easement to owner of SERVIENT tenement

Front 20

Easement - Termination by Abandonment

Back 20

holder demonstrates by physical action an intent to permanently abandon the easement

- requires more than oral expressions, or mere nonuse

Front 21

Easement - Termination by Estoppel

Back 21

if owner of servient estate changes position in reasonable reliance on representations or conduct of owner of easement, it is terminated by estoppel

Front 22

Easement - Termination by Necessity

Back 22

Easements that are CREATED BY NECESSITY will expire as soon as the necessity ENDS

Front 23

Easement - Termination by Condemnation & Destruction

Back 23

involuntary destruction extinguishes the easement

voluntary destruction does not extinguish easement

Front 24

Licenses

Back 24

revocable at will of licensor

personal to holder, inalienable

- a failed attempt to create an easement will result in a license

Front 25

Irrevocable Licenses

Back 25

License will become irrevocable in 2 circumstances:

1. Estoppel - licensee invests substantial amount in reliance on license; licensor cannot revoke under holder receives sufficient benefit to reimburse him for his expenditures

2. License + Interest - irrevocable as long as interest lasts

Front 26

Real Covenants

Back 26

written promise to do something or not to do something on the land

-run with land

Front 27

Intent for Covenant to Run

Back 27

covenanting parties implied or expressly intended successors be bound by its terms

Front 28

Horizontal Privity

Back 28

concerns only original parties

Front 29

Vertical Privity

Back 29

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Front 30

Touch & Concern

Back 30

negative covenants - touch and concern if they RESTRICT holder of the SERVIENT estate in his use of that parcel of land

affirmative covenants - touch and concern if they require holder of SERVIENT estate to do something, increasing his obligations in connection with enjoyment of the land

Front 31

Remedy for Breach of Real Covenants

Back 31

- breach remedied by award of monetary damages (collectible from D's general assets)

Front 32

Equitable Servitude

Back 32

covenant that equity will enforce against assignees of burdened land who have notice of the covenant

Front 33

Remedy for Breach of Equitable Servitude

Back 33

- breach remedied by injunction

Front 34

Unclean Hands Doctrine

Back 34

Equitable servitude not enforceable if person seeking enforcement is violating similar restriction on his own land

Front 35

Laches

Back 35

Equitable servitude not enforced if benefited party does not bring suit against violator within reasonable amount of time