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30 Cards in this Set
- Front
- Back
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DEFINE
easement |
Non-possessory property interest which allows use of another’s land for specific purpose
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LIST
types of easements |
Affirmative (4 types)
Negative Appurtenant In gross |
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DEFINE
affirmative easement |
Entitles holder to enter and do something on servient land; most easements are affirmative
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LIST
types of affirmative easements |
PING
Prescription Implication Necessity Grant |
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DEFINE
prescription |
CON - continuous for AP period, open and notorious, non-permissive
Like AP, but need not be exclusive or necessary Preventing prescription: 1) physically block; 2) injunction; or 3) license agreement |
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DEFINE
implied easement |
Implication: if, prior to time a tract is divided, use exists on servient land that is reasonably necessary for enjoyment of the dominant land
Must be apparent and continuous, reasonably necessary Implied in favor of grantee = grant; implied in favor of grantor = reservation No preexisting use required for subdivision roads and where right to pass over land to remove valuable product (profit a prendre); negative easements are never implied easements |
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DEFINE
easement by necessity |
If common ownership by someone other than government and land is landlocked
Purpose is for access and utility lines; must be reasonable use and terminates when need gone Can condemn easement for access if for public use and just compensation paid; no landlock requirement needed, just needs to be reasonably necessary |
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DEFINE
easement by grant |
Must be in writing (SOF) and must be signed by holder of servient land
Should include statement that it is easement, not possessory estate; scope of easement; duration of easement; location of easement - must have complete and accurate description of servient land, but not complete and accurate description of location Easement by reservation: owner conveys title but reserves right to continue to use tract for specific purpose after the conveyance; only reserved for grantor, not third party |
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DEFINE
negative easement |
Entitles holder to prevent servient landowner from doing something otherwise permissible; can involve air, light, support, flow of stream; act as restrictive covenants
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DEFINE
appurtenant easement |
Benefits the holder in her physical use or enjoyment of her property
Dominant land is benefited by easement, which runs TO it; servient land is burdened; runs across it Transferability: follows the land EXCEPT when BFP takes the servient land without any notice Notice given by actual knowledge, easement is visible on land, or public records if recorded; everyone expected to inspect the land and examine for records |
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DEFINE
easement in gross |
Easement holder gets benefit not linked to his land; no dominate land, even though servient land is burdened; passes entirely apart from any transfer of land
Personal easement in gross: e.g., right to fish in another’s pond Commercial easement in gross: e.g., easement for power lines or railroad tracks Transferability: can only be transferred if they are for commercial purpose |
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Scope of easements
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May be exclusive or non-exclusive (presumption is non-exclusive); scope can change as technology changes (i.e., buggy to car); if exclusive, dominant land owner has duty to repair, if non, duty is shared
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LIST
ways to terminate easement |
Merger
Release Estoppel Abandonment Prescription Necessity BFP |
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DEFINE
merger / terminating easement |
Terminated when easement and title to servient land become vested in same person
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DEFINE
release / terminating easement |
Written release, given by easement holder to servient landowner will terminate easement
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DEFINE
estoppel / terminating easement |
Servient owner materially changes position in reasonable reliance on easement holder’s assurances that easement will no longer be enforced; reasonable detrimental reliance can apply
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DEFINE
abandonment / terminating easement |
Holder demonstrates by physical action the intention to never make use of easement
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DEFINE
prescription / terminating easement |
Can terminate by interfering with easement w/prescription elements for 10 years
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DEFINE
necessity / terminating easement |
Terminates as soon as necessity ends
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DEFINE
BFP / terminating easement |
If in writing and not recorded, BFP who buys servient land without notice of easement is protected
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Licenses
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Permission to use someone’s land (compared to easement, which is an interest in land)
No writing requirement; can be created orally Remedies: owner of license can get damages; no injunction; freely revokable unless estoppel bars |
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Profits
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Nonpossessory interest in land, allowing holder to enter servient land and extract natural resource
Shares easement rules; profit appurtenant follows ownership of dominate land; profit in gross can be assigned or transferred by the holder |
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DEFINE
covenant |
Written promise to do or not do something related to land; not grant of property interest, but contract limit
Can be negative (“I will not”) or affirmative (“I promise to”) |
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Requirements for burden to run with the land
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PINT - privity, intent, notice, touch and concern the land
Intent: original parties must have intended covenant to run Notice: BFP who records and has no actual/constructive notice takes free of covenant Touch and concern: promise must affect parties’ legal relations as landowners Horizontal privity: look at relationship between promising parties and whether two shared some interest in the land independent of the covenant; if covenant is in deed, or relates to easement that one party has on the other’s land, there is horizontal privity Vertical privity: successor in interest to party that made promise must hold same durational interest held by predecessor at time the covenant was made (.e.g, no FSA to LE); cannot be hostile |
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Requirements for benefit to run with the land
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Same as burden, except no horizontal privity and notice required
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DEFINE
equitable servitude |
Covenant that equity will enforce against successors; equitable servitudes must be in writing (1 exception)
Horizontal privity NOT needed If plaintiff wants money damages, it’s a covenant; if plaintiff wants injunction, it’s an equitable servitude |
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LIST
defenses to servitudes |
Unclean hands
Acquiescence Estoppel Changed neighborhood conditions |
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DEFINE
unclean hands defense to servitudes |
Can’t enforce servitude if you’re also violating similar restriction on your land
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DEFINE
acquiescence defense to servitudes |
If ignoring violation by one party, may have abandoned servitude as to others too
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DEFINE
estoppel defense to servitudes |
If benefitted party acts like abandoned, and burdened party relies on abandonment, estoppel may bar enforcement; similarly, if benefitted party fails to bring suit for violation in reasonable time, barred
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