Property-9

Front 1

PART V – PRIVATE LAND USE CONTROLS: THE LAW OF SERVITUDES – Easements, Covenants , Equitable Servitudes

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List: Servitudes Categories

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1. Easements 2. Licenses 3. Profits 4. Covenants 5. Equitable Servitudes

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Easements – can be created by :

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a) Grant b) Reservation c) Implication (1) Pre-existing use (Van Sandt) (2) Necessity (Othen) d) Prescription

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Define:Mere promises – [was not in servitude categories list]

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a) Mere promises – mere “agreements” – “personal or collateral promises or agreements”

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Define: Covenants –

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4. Covenants – promises affecting land use enforceable at law a) Real covenants

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Define:. Equitable Servitudes –

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5. Equitable Servitudes – promises enforceable in equity

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Define Generally: – Servitudes –

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B. Generally – Servitudes – subjection of property to a person or another property.

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Describe: Non-Possessory interests in land- a) A.K.A.: ____ ____

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1. Non-Possessory interests in land- private interests regarding the use or enjoyment of the land of another. EX – the right to go fishing on someone else’s land. a) A.K.A. (1) Incorporeal interests – intangible interests, those w/o a physical presence, w/o a body (2) Incorporeal heriditaments

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Describe: Possessor’s voluntary diminution of his privilege to act or his privilege to exclude – \\ State analogies to buildings, fishing ponds and what these do.

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2. Possessor’s voluntary diminution of his privilege to act or his privilege to exclude – that’s what the possessor is giving up when granting an easement a) I won’t build a building. (I won’t act ) b) I will let you use my fishing pond (I will diminish my power to exclude you from my property) (1) These voluntary diminutions involve control of land use. They create a property interest in the person benefited

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Define: Profits – ___ a) The right to go on land and sever some ___ or ____ and take it into ____ – E.g., timber, coal b) Profits can be _____ or in ____. c) Profit is always ___ because it involves _____ on the land

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1. Profits – another non possessory interest in the land of another a) The right to go on land and sever some part or product and take it into possession – E.g., timber, coal b) Profits can be appurtenant or in gross. c) Profit is always affirmative because it involves action on the land

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Define: Exclusive profits –

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(1) Exclusive – only the profit holder can take the stuff

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Define: Non-exclusive profits –

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(2) Non-exclusive – profit holder must share stuff w/owner

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Define: License-

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2. License- a revocable non-possessory interest in the land of another a) O says to E – you can cross my land if you want, but I don’t want to put anything in writing, and lets not have a permanent arrangement – also season tickets, driver’s license