Property: Easements/licenses

Front 1

Fixtures

Back 1

Arise in two situations: 1) Landlord contracts to sell property and the contract is silent as to whether the seller can remove the chattel before closing. 2) Where the Tenant has installed some item of personal proerty and the lease agreement is silent as to whether the tenant can remove the chattel when he vacates the leased premises at the end of the lease.

Front 2

Fixtures: General Rule

Back 2

Fixtures become part of the real property. Therefore fixtures cannot be removed by sellers or tenants. Depends on intent. If express agreement then terms of the K controls.

Front 3

Fixtures: When there is no agreement

Back 3

four factors are relevant 1) degree of attachment, 2) general custom, 3) degree of harm to premises on removal 4) trade fixtures.

Front 4

Fixtures: When can non-fixtures be removed

Back 4

Tenant's situation: The items must be removed before the tenant vacates at the end of the lease. Seller's Situation: Must remove the item before closing 0 of the seller will lose the chattel.

Front 5

Easements:

Back 5

Non-possessory interest in land involving a right to use the land.

Front 6

Easement appurtenant

Back 6

Any time the easement directly benefits the use and enjoyment of a specific parcel of land, it is classified as an easement appurtenant. The burdened property is referred to as the servient estate and the benefited property is referred to as the dominant estate.

Front 7

Easement in Gross

Back 7

An easement in gross occurs where there is no dominant estate because there is only one parcel of land involved which is the property burdened by the easement, referred to as the servient estate,

Front 8

Express Easements

Back 8

Arise from the express grant of an easement to someone else; or alternatively, the express reservation of an easement when land is sold to another person. To Satisfy the SOF, the express easement must be in a writing signed by the holder of the servient estate and satisfy all the deed formalities. However, easements of a year or less do not have to be in writing.

Front 9

Implied easements

Back 9

Two situations A) Implied easement based on previous use by a common grantor. There must be a pevious use by a common owner and this previous use must satisfy 3 requirements: 1) apparet 2) continuous and 3) reasonably necessary. B) Implied easement based on Absolute right of access (land totally landlocked).

Front 10

Easement by Prescription

Back 10

Four requirements 1) hostile 2) continuous and uninterrupted and must last for statutory period (20 years at common law...seasonal use can satisfy). 3) Visible and Notorious or the use is made with owner knowledge 4) use is without owner's permission and oral permission is enough to destroy hostility.

Front 11

Transfer of the benefit of an easement appuretenant

Back 11

Easement Appurtenant - The benefit is transfered automatically along with the dominant estate, whether or not the easement is mentioned in the deed of conveyance. The easement appurtenant cannot be transferred separately from the dominant estate.

Front 12

Transfer of the benefit of an easement in gross

Back 12

Commercial or Personal? Easements in gross that are commercial can always be transferred, whereas easements in gross that are personal cannot be transferred.

Front 13

Transfer of the servient estate

Back 13

Easements are always binding on subsequent holders of servient estates - even if the easement is not specifically mentioned in the deed of conveyance - provided the subsequent holder had notice of the easement.

Front 14

Three ways that a successor in interest to the servient estate may be put on notice of the easement

Back 14

1) Actual knowledge or notice; 2) Constructive notice - which arises from the fact that the document creating the easement is duly recorded in the buyer's direct chain of title. 3) Inquiry notice - which is notice arising from the buyer's physical inspection of the land and the visible appearance of the easement - or notice that arises from the buyer's inspection of the public records contained in the buyer's direct chain of title.

Front 15

Scope of use easement

Back 15

General Rule: Specific terms of the easement contron on questions of use.

Front 16

Two presumptions where easement is silent on use

Back 16

1) Unless otherwise specified, an easement is presumed to be lasts forever. 2) The use presumed is that of reasonable development of the dominant estate. Reasonable development is that development which most likely would have been contemplated by the parties at the time the easement was granted. An easement can only be used to benefit the dominant estate.

Front 17

Remedy for excessive use

Back 17

Enjoin the excessive use, but do not terminate the easement.

Front 18

Repair of the easement

Back 18

The holder of the benefit of the easement is responsible for making any necessary repairs to the easement (dominant). The holder of the easement can always go onto the property of the servient estate to repair the easement,. The holder of the easement must make a reasonable restoration of the servient estate after making repairs of the easement. The servient estate generally has no repair obligation.

Front 19

Termination of easement

Back 19

Whenever the dominant and the servient estates come together in the same owner (in same estate) the easement is terminated

Front 20

Deed of Release

Back 20

To be a valid release, the release must be in writing and must comply with all the deed formalities.

Front 21

Abandonment by Action

Back 21

The intent to abandon must be manifested by the holder of the dominant estate taking some physical action that would show his intent to abandon. Mere non-use does not constitute abandonment.

Front 22

Termination by estoppel

Back 22

Two requirements: A representation of relinquishment of the easement by the holder of the dominant estate; and the holder of the servient estate must make a change in his or her position in reliance on that representation.

Front 23

Termination by Prescription

Back 23

Focus on the holder of the servient estate. The owner of servient estate must stop the use of the easement and must keep it stopped for the period of time required by the applicable statute of limitation.

Front 24

Termination of Easements Created by necessity

Back 24

Once the necessity that gave rise to an implied easement ceases to exist, then the implied easement will automatically terminate.

Front 25

Easements for view and sunlight.

Back 25

No such thing on the bar exam.

Front 26

Licenses

Back 26

A contract right involving a limited privilege to use land in the possession fo the licensor.

Front 27

Qualities of a license

Back 27

Can always be revoked at the will of the licensor. However, if the revocation is wrongful, the licensor may have to pay contract damages.

Front 28

Tickets

Back 28

All tickets are licenses. Ticket holders do not acquire any property rights in the ticket, although they may sue for damages for breach of contract.

Front 29

Irrevocable licenses

Back 29

1) If an easement is attempted but fails due to statute of frauds, a license is created. 2) If money is spent on the property in furtherance of an oral license, then that license becomes irrevocable and can be enforced under principles of estoppel.

Front 30

Profits

Back 30

A profit gives the right to go onto the land of another and take away a natural resource. Along with the gant of a profit goes the implied easement to go onto the land to remove the natural resource.