Easements & Covenants

Question 1

Easement Requirements

Answer 1

1. A writing,
2. Intent for the easement to run with the land; and
3. Notice given to the burdened estate

Question 2

Notice Options for Easements

Answer 2

1. Actual–concerns whether the party actually knows an easement exists.
2. Inquiry–concerns whether the physical condition of the property gives evidence that there must be an easement on the property.
3. Record–concerns whether the easement was recorded or would be found in a title search

Question 3

Covenant Creation Requirements

Answer 3

a. a writing;
b. with intent to run with the land;
c. notice (actual, inquiry, record);
d. touch and concern the land (regulates land use); and
e. privity of estate (horizontal and vertical property relationship between seller and buyer)