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22 Cards in this Set
- Front
- Back
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What is a servitude?
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NonPossessory interest in land belonging to somebody else.
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What are some servitudes?
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Easements, Licenses, Real Covenants, Equitable Servitudes
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What is an easement?
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Right to specific acts on property owned by somebody else.
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What is a license?
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“A personal or revocable privilege to perform an act or series of acts on the land of another”
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Easement v. License v. lease
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1. Licenses- usually revocable
a. Ordinary easements and leases are not, although they may not be of unlimited duration 2. Licenses are usually personal (non-transferable) a. Easements and leases are often transferable 3. Leases involve the right to possession as opposed to the right to do specific acts 4. Licenses are often created orally a. Leases and easements are not often oral b/d the SOF. b. Can’t have oral easements b/c SOF applies to interests -n-land & require writing |
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Distinguish Easement in Gross from Easement Appurtenant:
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Easement Appurtenant is an easement that benefits one parcel of land, In gross is one that doesn't benefit any specific parcel of land.
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Express Creation of Easement:
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written instrument to satisfy the SOF (easement is an interest in land).
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What is an implied easement?
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a. Created by law when the express agreement between the parties is either silent or ambiguous on the question of whether the grantor intended to create an easement
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What are 4 types of implied easement?
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i. Estoppel
ii. Constructive trust a) Rarely used iii. Prior use iv. Necessity |
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What are 2 ways to create an easement:
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Express Grant and Reservation
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What are the requirements for an express grant:
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a) Be in writing
b) Identify the grantor and grantee c) Contain words manifesting an intention to create an easement d) Describe the affected land, and e) Be signed by grantor |
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What is an easement by estoppel?
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a. A person may become unconditionally entitled to the use of land though an oral agreement followed by certain types of conduct
b. Creates a license that is irrevocable by use of estoppel |
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What is an easement implied from prior use "quasi-easement"
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i. Severance of title to land held in common ownership
ii. In existing, apparent, and continuous use when severance occurs, and iii. Reasonable necessity for the use at the time of severance |
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What is an easement implied from Necessity?
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i. Severance of title to land held in common ownership, and
ii. Strict necessity iii. Necessity for the easement existed at the time of severance a) May be exceptions for “efficient/effective use” b) NO Future necessity! |
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Is prior use required for an easement by necessity?
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NO
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What is an easement by prescription?
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a. Similar to adverse possession; property rights in the land of another can be acquired by conspicuous, long-term use (negative easements cannot be acquired this way)
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May negative easements be acquired by prescription?
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NO
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What are the elements of easement by prescription?
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Continuous
Hostile Actual Notorious Exclusive |
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I. Running with the Land (Appurtenant v. In Gross)
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Appurtenant: yes, but factors apply.
In Gross: NO, since it is basically granted in a person. |
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Easement will win with the land if (Appurtenant)
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WIN
Writing, Intent, Notice |
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What are 4 acceptable negative easements:
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Light, Air, Support, Diversion of streams.
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Terminating Easements:
They last forever unless_____ |
a. Agreement in writing
b. By their own terms c. Merger when both servient estate and dominant estate are owned by same person d. By abandonment – owner of easement clearly indicated to abandon easement by conduct e. Adverse possession of prescription by the owner of servient estate or third party |
