EASEMENTS

Question 1

Easements

Answer 1

Use rights held by another

Question 2

Express Grant

Answer 2

Express Easement
How you can create an easement
It is suppose to be forever unless stated otherwise.

Question 3

By express reservation

Answer 3

Express Easements
Owner of a present possession interest conveys title and reserves a use right.

Question 4

Easement In gross

Answer 4

Expressed Easement
A person who is allowed to make use of your land. Not attached to a piece of land. Which makes this easement transferable.

Question 5

Appurtenant to other land

Answer 5

Expressed Easement
Must be two tracts of land and easement holder benefits of her own land.
The easement is put on the land not on the owner of the land at the moment.

Benefit passes without notice; if the new person who takes over the survient estate and has no clue about the easement than the easement may get erased b/c they do not want to burden the third party that was not put on notice.

Question 6

Quasi Implied by prior use

Answer 6

Implied Easements

Question 7

Implied by Necessity

Answer 7

Implied Easement

Question 8

Natural Land Rights

Answer 8

Water
Riparian Doctrine- used on east coast.
a. water belongs to those who own the land bordering on the watercourse
Prior appropriation doctrine - in the west coast.
a. the water belongs to the state but the right to divert and use it can be acquired by an individual whether or not he is a riparian owner.
and lateral subjective support of your property.

Question 9

Covenants

Answer 9

Promises regarding owner’s use of their land.

Question 10

Actual notice

Answer 10

When you are told

Question 11

Constructive notice

Answer 11

The prior recorded deed has the covenant in it

Question 12

Inquiry Notice

Answer 12

You have to look for it. A reasonable question would be inquiring about it after seeing something.

Question 13

Real covenant running with land- The burden

Answer 13

To run with land at law:
1. written promise
2. intent to bind successors in interest
3. burden touches and concerns land
4. vertical privity- same intent in land
5. Horizontal privity
6. notice to purchase of burdened property

Question 14

Real Covenant running with land - the benefit

Answer 14

To run with land at law
1. written promise
2. inten to bind successors in interest
3. benefit touches and concerns the land
4. vertical privity any succeeding interest
no horizontal privity

Question 15

Horizontal Privity

Answer 15

The original 2
At the time the promise was made, the two promisor and promisee had an interest in the land independent of the covenant.

Question 16

Vertical Privity

Answer 16

The be bound, the successor in interest to the covenanting party must hold the entire durational interest held by the covenantor at the time she made the covenant.

Question 17

Touch and concern

Answer 17

Has to be in some way related in how you use and enjoy your land.

Question 18

Negative Covenant

Answer 18

Restricting you from doing something

ex: A, who owned Blackacre and Whiteacre, covenanted with B, the grantee
of Whiteacre, that she would never operate a shoe store within a radius of
one mile of Whiteacre. The covenant does not touch and concern Blackacre because its performance is unconnected to the enjoyment of Blackacre

Question 19

Affirmative covenant

Answer 19

Demands you to do something.

ex; A, who owned Blackacre and Whiteacre, covenanted with B, the grantee
of Whiteacre, to keep the building on Blackacre in good repair. The covenant touches and concerns Blackacre because it increases A’s obligations
in connection with her enjoyment of Blackacre.

Answer 20

Modern Status of Running of Burden and Benefit
a. Horizontal and Vertical Privity
The Restatement of Property provides that horizontal privity is not required for
running of the burden, and further discards the requirement of vertical privity
for running of both the burden and the benefit. Instead, the Restatement draws
a distinction between affirmative and negative covenants. Negative covenants
are treated like easements, which run to successors because they are interests
in land. The burdens and benefits of affirmative covenants run to persons who
succeed to an estate of the same duration as owned by the original parties,
including in most cases an adverse possessor. But affirmative covenants do not
run to persons who hold lesser estates than those held by the original parties
to the covenant. Special rules are set forth for when affirmative burdens run to
lessees and life tenants, and when they can enforce the benefits. [Restatement
(Third) of Property: Servitudes §§5.2 - 5.5]
b. Touch and Concern
The Restatement of Property also supersedes the touch and concern requirement by providing that real covenants are presumed valid unless they are
illegal, unconstitutional, or violate public policy. [Restatement (Third) of Property:
Servitudes §§3.1, 3.2]
4. Specific Situations Involving Real Covenants
a. Promises to Pay Money
The majority rule is that if the money is to be used in a way connected with
the land, the burden will run with the land. The most common example is a
covenant to pay a homeowners’ association an annual fee for maintenance of
common ways, parks, etc., in a subdivision.
b. Covenants Not to Compete
Covenants not to compete have created several problems. Clearly, the burden
of the covenant—restricting the use to which the land may be put—“touches
and concerns” the land. However, the benefited land, while “commercially
enhanced,” is not affected in its physical use. Thus, some courts have refused to
permit the benefit of such covenants to run with the land.
c. Racially Restrictive Covenants
If a covenant purports to prohibit an owner from transferring land to persons of
a given race, no court (state or federal) is permitted to enforce the covenant. To
do so would involve the court in a violation of the Equal Protection Clause of the
Fourteenth Amendment.