Property - Easements, Covenants, And Servitudes

Front 1

License

Back 1

Informal permission that allows the holder to use the land of another for a particular purpose and can be revoked at any time.

Front 2

Profit

Back 2

Right to enter land of another to remove minerals, timber, etc.

Front 3

Easement

Back 3

A nonpossessory right to use the land of another person.

Front 4

Express Easement

Back 4

Voluntarily created by the owner, usually in a deed.

Front 5

Easement by Prior Existing Use

Back 5

1. Severance of title to land held in common ownership, 2. existing, apparent, and continuous use of one parcel for the benefit of another it the time of severance, and 3. reasonable necessity for that use.

Front 6

Easement by Necessity/Easement by Egress and Ingress

Back 6

Snoe's elements: 1. Common ownership, 2. Severance, 3. Severance must cause land to be land-locked, 4. Easement is a strict necessity.

Front 7

Prescriptive Easement

Back 7

1. Open and notorious, 2. adverse and hostile, 3. continuous, 4. for the statutory period.

Front 8

Methods of Termination of Easements

Back 8

Condemnation (eminent domain), estoppel, merger, misuse, release, abandonment, etc.

Front 9

Real Covenant

Back 9

Promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors. Damages are $.

Front 10

For a real covenant to bind promisor's successors:

Back 10

Satisfy the statute of frauds, intent to bind, touch and concern, notice, horizontal privity, vertical privity.

Front 11

For a real covenant to bind promisee's successors:

Back 11

Satisfy the statute of frauds, intent to bind, touch and concern, vertical privity.

Front 12

Equitable Servitudes

Back 12

A promise concerning the use of land that benefits and burdens both the original parties to the promise and their successors. Remedy is injunction.

Front 13

For the burden of an equitable servitude to run:

Back 13

Satisfy the statute of frauds/common plan, intent, touch and concern, notice.

Front 14

For the benefit of an equitable servitude to run:

Back 14

Satisfy the statute of frauds/common plan, intent, touch and concern.