Property Ii

Front 1

Servitude

Back 1

Legal interest int he land of another

Front 2

Easement

Back 2

non-possessory right of the use of land in possession of another, or a non-possessory right to prevent another landowner from doing something with land

Front 3

2 types of Servitude

Back 3

1. Easement

2. Covenants

Front 4

Dominate

(Easement)

Back 4

The parcel that is receiving the benefit of the easement

Front 5

Servient

(Easement)

Back 5

The parcel that is allowing the easement

Front 6

Express Easement

Back 6

1. Created intentionally

- in writing

2. Implicit or prescription

-

Front 7

Affirmative Easement

Back 7

Gives the owner a right to do something

Ex.

- Rights to cross property within a defined area- - Right to run pipes underground

- Right to run wires overhead

Front 8

Negative Easement

Back 8

Give the a right to prevent the Servient tenant from doing something

ex.

Conservation easements

solar easements

Front 9

Easement in Gross

Back 9

Easement is Personal to individual or entity

Front 10

Easement in Appurtenant

Back 10

Easement benefits a particular parcel (Dominate Parcel) and goes to whomever owns / possesses that parcel

Front 11

Real Covenant

Requirements for Burden to Run

Back 11

(1) An enforceable written contract between original covenantor and covenantee, usually contained in a deed.

(2) Intent on the part of the original covenantor and covenantee that the covenant benefit and burden their successors (that it “run with the land”). Usually explicit but can be implied.

3) Covenant must touch and concern the land4) Horizontal Privity

5) Strict Vertical Privity (successor must have entire durational estate of original party to covenant. If the original party had a fee simple absolute, successor must also have a fee simple absolute.)

6) Notice to the burdened party (actual, record, inquiry, imputed)

Front 12

Real Covenant

Requirements for Benefit to Run

Back 12

(1) An enforceable written contract between original covenantor and covenantee, usually contained in a deed.

(2) Intent on the part of the original covenantor and covenantee that the covenant benefit and burden their successors (that it “run with the land”). Usually explicit but can be implied.

3) Covenant must touch and concern the land4) Relaxed Vertical Privity – successor may have less than original party’s entire durational estate.

Front 13

Equitable Servitude

Requirements for Burden to Run

Back 13

(1) An enforceable written contract between original covenantor and covenantee, usually contained in a deed.

(2) Intent on the part of the original covenantor and covenantee that the covenant benefit and burden their successors (that it “run with the land”). Usually explicit but can be implied.

3) Promise must touch and concern the land4) Notice to the burdened party (actual, record, inquiry, imputed)

* He must take Notice WHEN he gives value for land.

Front 14

EquitableServitude

Requirements for Benefit toRun

Back 14

(1) An enforceable written contract between original covenantor and covenantee, usually contained in a deed. (2) Intent on the part of the original covenantor and covenantee that the covenant benefit and burden their successors (that it “run with the land”). Usually explicit but can be implied. 3) Promise must touch and concern the land

Front 15

Easements Implied from Prior Existing Use

Back 15

In order to have an easement by Necessity there must be

(1) Common Ownership of the parcel at one time,

(2) Separation of title,

(3) Prior to separation must have been continuous and obvious to a degree shows permanency, and

(4) The easement must be necessary for the enjoyment of the dominant parcel.

Front 16

Easement by Necessity (created by courts)

Back 16

1. Prior Common Ownership

2. Separation of Title

3. Landlocked

4. Necessity of the easement at the time of the severanceif another way becomes available the easement no longer exist.

Strict Necessity - exist when the legal owner has no other legal alternative or legal means no matter the expense or impractical it is. (majority)

Reasonable necessity - exist when the legal owner has an alternative but will take on extravagate cost or the alternative is impractical. (minority)

Front 17

Easement by Estoppel

Back 17

1. Owner permits claimant to use land;

2. Under circumstances in which it is reasonable foreseeable that user will “substantially change position” believing that permission will not be revoked;

3. Actual change in position in reasonable reliance on that belief AND

4. Injustice can be avoided only by establishment of the servitude.

Front 18

Prescriptive easement (AP)

Back 18

Easements by prescription are created by

(1)actual use of another’s land use an which is (2) open and notorious

(3)hostile,

(4) continuous and

(5) for statutory period.