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13 Cards in this Set

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PART V – PRIVATE LAND USE CONTROLS: THE LAW OF SERVITUDES – Easements, Covenants , Equitable Servitudes
List: Servitudes Categories
1. Easements 2. Licenses 3. Profits 4. Covenants 5. Equitable Servitudes
Easements – can be created by :
a) Grant b) Reservation c) Implication (1) Pre-existing use (Van Sandt) (2) Necessity (Othen) d) Prescription
Define:Mere promises – [was not in servitude categories list]
a) Mere promises – mere “agreements” – “personal or collateral promises or agreements”
Define: Covenants –
4. Covenants – promises affecting land use enforceable at law a) Real covenants
Define:. Equitable Servitudes –
5. Equitable Servitudes – promises enforceable in equity
Define Generally: – Servitudes –
B. Generally – Servitudes – subjection of property to a person or another property.
Describe: Non-Possessory interests in land- a) A.K.A.: ____ ____
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
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.
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
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
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
Define: Exclusive profits –
(1) Exclusive – only the profit holder can take the stuff
Define: Non-exclusive profits –
(2) Non-exclusive – profit holder must share stuff w/owner
Define: License-
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