Chpt. 9 Private Land Use Planning

Question 1

easements

Answer 1

non-possessoy right to use another’s land

Question 2

5 types of easements

Answer 2

1. express
2. implied by prior use
3. by necessity
4. prescriptive
5. by estoppel/ irrevocable license

Question 3

prescriptive easement

Answer 3

basically AP

Question 4

easement by estoppel/ irrevocable license

Answer 4

• LO allows the other to use the land, thus creating a license
• can be created by a LO misleading or causing another to change his position to his detriment

Question 5

dominant

Answer 5

land/ person benefitted by easement

Question 6

servient

Answer 6

land/ person burdened by easement

Question 7

appurtenant easement

Answer 7

tied to the land (presumption)

Question 8

in gross

Answer 8

easement granted to benefit a particular person

Question 9

intensification of easement

Answer 9

permissible so long as consistent w/ original use and doesn’t impose additional burden on servient estate

Question 10

changes in easements

Answer 10

• reasonable
• evolutionary, not revolutionary
• no increased burden
• focus on understanding of parties

Question 11

relocating easement

Answer 11

only if both parties agree

Question 12

terminating easements

Answer 12

release
merger
severance
abandonment
destruction 
condemnation (destruction)
prescription 
estoppel

Question 13

requirements for covenant to run with the land

Answer 13

SOF
intent
touch and concern
notice

Question 14

nuisance elements

Answer 14

intent
K or SHK harm
non-tresspassory
unreasonable
substantial interference

Question 15

unreasonable harm

Answer 15

gravity of harm v. utility of the conduct (suitability to local, burden on harmed person of avoiding the harm)