Acronyms

Question 1

RAMPCENEM (termination of easements)

Answer 1

Release- dominant tenant relinquish easement
Abandonment- requires more than period of non-use, express or implied indication that dominant tenant intended to abandon easement
Misuse- intentional and frequent, or if it is likely to continue
Prescription- owner of the servient estate may terminate an easement by blocking the dominant tenant’s use of it for the prescriptive period.
Condemnation- if the govt acquires the servient through eminent domain, may forcibly terminate with just compensation paid.
Estoppel- may be terminated if dominant tenant makes promise to release easement which the servient relies on to her detriment.
Notice- can be terminated by saying the easement is junior to the title owner, without it, the title owner can take the interest.
Expiration- if easement was only for a certain period of time, it ends upon the expiration of that period. If it’s for a particular purpose, it ends when the purpose has been fulfilled.
Merger- If the dominant and servient parcels come to be owned by the same person, the easement is automatically extinguished and Landowner cannot have an easement over their own land.

Question 2

CONSEA (to establish a prescription easement user must prove its use)

Answer 2

Continuous- for a period of prescription, tacking allowed with privity.
Open- either be actually known to the rightful owner of the servient estate or be a situation where a reasonable owner of land would have noticed the use.
Notorious- same as open.
Sufficient in scope- starting and ending point, width of physical easement, manner, purpose.
Exclusive- use must not be dependent on another’s rights OR the claimant must use the easement “as his own” rather than as a member of the general public.
Adverse- without the owner’s permission(objective),

Question 3

VINTH (A covenant does not run with the land at law unless it meets this 5 part test)

Answer 3

Vertical Privity- between successive parties, requires a connection between successive owners of the benefited and burdened property, and requires that the party succeed to the same interest in land burdened or benefited by the covenant.
Intent- parties must intend for the covenant to run with the land, language “all successors and assigns”.
Notice- a bonafide purchaser who takes without notice of the covenants is not bound by them.
Touch and Concern the Land- typically looking at physical elements of the property, to distinguish between promises that are personal in nature and those that have to do with use and enjoyment of the land itself.
Horizontal Privity- between OG parties, Majority: exists with contract. Minority: exists 1 of 3 ways, landlord/tenant, grantor/grantee, and mutual.

Question 4

CDE -
CoGA
DIBE
EIoR
(Penn Central Factors)

Answer 4

Character of the government action
Distinct investment-backed expectations
Economic impact of regulation

Question 5

PEPNE (Creation of Easements)

Answer 5

Prior Use- If a particular use of the servient parcel already existed and was reasonably necessary to the use and enjoyment of the dominant parcel.
Express- The clearest way to create an easement is by written grant by reservation, either by deed or will. Easement by grant – servient grants the easement to the dominant.
Prescription-
Necessity- If an easement became necessary due to the conveyance.
Estoppel- The dominant tenant reasonably relied to his detriment on the servient tenant’s promise.

Question 6

TIN (Equitable Servitudes must meet)

Answer 6

Touch and Concern the Land- the promise must have to do with the ownership and use of the property rather than a personal obligation.
Intent- the parties must intend that the promise bind subsequent owners.
Notice- the burdened party must have notice of the restriction.

Question 7

WEMPS (sufficient in scope)

Answer 7

Width of the easement
Ending point
Manner
Purpose
Starting point