Real Property--Easements

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Easements

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The grant of nonposessory property interest that entitles its holder to some form of use or enjoyment in another's land
-Affirmative: right to do something on servient land
-Negative easements: right to preven the servient landowner from doing something that would otherwise be permissible (Light; Air; Support; Stream water from an artificial flow)
*need signed writing by grantor ( no natural or automatic right to negative easement)

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Appurtenant easement

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*one parcel is burned for the benefit of another parcel
-Dominant tenement =benifitted
-Serviant tenement=burdened
*benefit passes automatically with the dominant tenement
*burden passes automatically with servient estate unles the new owner is bona fide purchaser w/out notice

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Easement in gross

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*confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land. Servient land burdened, but no benefited dominant tenement.
*not transferable unless it is for commercial puroses

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Ways to create an affirmative easement

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PING
1) Prescription: satisfy elements of adverse possession (be sure it is hostilee)
2) Implication: 1 lot and split into two (previous use was apprant; expected use to survive division because reasonably necessary to dominant land's use and enjoyment)
3) Necessity: landlocked; conveys portion of his land with no way out except by way over grantor's land
4) Grant: more than one year needs writing and formal elements of a deed (SoF; deed of easement)
*scope=determined by the terms of the grant or the conditions that created it

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Termination of Easement

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END CRAMP
*Estoppel: servient owner materially changes position in reasonable reliance on the easement holder's assurances that the easement wont be enforced
*Necessity: expires soon as the need ends
*Destruction of the servient land other than through willful conduct of the servient owner
*Condemnation of the servient estate
*release: written; given by easement holder to the servient owner
*abandonment: need demonstration of physical action of the intent to never use the easement again
MergerL title to the easement and title to the servient land become vested in the same person
Prescription servient owner may extinguish the easement by interfering with it in accordance with the elements of adverse possession

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License

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A mere privilege to enter another's land for some delineated purpose
*not subject to SoF
*revocable at the will of the licensor (estoppel acts as bar)
Estoppel: need investment of substantil money or labor, in reasonable reliance on the license's continuation

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Profit

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entitles holder to enter servient land and take soil or the substance of the soil
*same rules as easements

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Covenant

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Promise to do or not do something related to land (contractual liiation regarding land)
-can be negative or affirmative
-money damages

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Burden to run (covenant)

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WITHN
Writing
Intent to run
Touch and Concern (effects legal relations as land owners and not members of the community at large)
Horizonal and Vertical Privity
Notice

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Privity

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Horizontal=nexus between the original parties
*succession of the estate (grantor grantee; landlord/tenant; or mortgagor mortgagee)
*Vertical=non-hostile nexus...contract, devise, descent NOT adverse possession

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Benefit Run (covenant)

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WITV
Writing
Intent
Touch and Concern
Vertical privity

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Equitable Servitude

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Promise that equity will enforce against successors
*injunctive relief
TO bind successors WITN

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Implied Equitable Servitude

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The court will imply a reciprocal negative servitude to hold the unrestricted lot holder to a restrictive covenant
*general scheme or plan that contained subject lot
*notice of promise containe in prior deeds

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Notice imputed on Defendant

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AIR
Actual notice
Inquiry notice (neighborhood conforms to the common restrictiion
Record notice: imputed via public docs (some view that grantee should have notice of prior deeds transferred to others by a common grantor; better view does not go with this)

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Changed conditions

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Defense to equitable servitude
*changed circumstances alleged by the party seeking release from the terms of an ES must be so pervasive that the entire area has changed (mere pockets of limited change are never enough)

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Adverse Posession

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Possession for a statuorily prescribed period of time can ripen into title if
COAH
*continuous (uninterrupted for statutory period)
*Open and notorious
*Actual entry
*Hostile: does not have owner's consent (objective standard)

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Tacking

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One adverse possessor may tack on his time with land to predecessors's time, so long as there is privity (non hostile nexus--blood; K; deed; will)
*not allowed when there has been ouster
*disability--statute wil not run against someone with a disability if had at the start of adverse possession.