Covenants and Equitable Servitudes Flashcards
What is a real covenant?
A non-possessory interest in land that obligates the holder to either do something or to refrain from doing something
What are the requirements to enforce a benefit of a real covenant?
(1) writing satisfying SoF; (2) intent that covenant run with the land; (3) vertical privity; and (4) touch & concern land
What are the requirements to enforce a real covenant’s burden?
(1) writing satisfying SoF; (2) intent that covenant run with the land; (3) vertical privity; and (4) touch & concern land; (5) horizontal privity between original parties; & (6) new owner has notice
What is an equitable servitude?
A covenant that equity will enforce if the burdened estate had notice, regardless of whether it runs with the land
What is an easement?
A non-possessory interest in the use of someone else’s land
What are the four types of easements?
Easement by grant (express); easement by implication; easement by necessity; easement by prescription
What are the requirements for the creation of an express easement?
(1) writing signed by the owner of the burdened property; (2) reasonably identify the parties and the land; & (3) indicate grantor’s intent to convey easement
What is an easement by implication?
(1) a single tract of land divided by a common owner; (2) pre-existing use by owner established prior to division; (3) continuous & obvious indication it was meant to be permanent; (4) use affects value of land conveyed; & (5) use is reasonably necessary for owner’s use and enjoyment of land conveyed
What is an easement by necessity?
Requires (1) land owned by one owner and subdivided; (2) access to easement is essential to use property because no ingress or egress
What is an easement by prescription?
Like adverse possession but an easement.
(1) open & notorious; (2) continuous; (3) hostile; & (4) for the statutory period
