Extra Final Exam Stuff

Question 1

The servitude that creates a nonpossessory right to enter and use the land in the possession of another is called (a covenant/ an easement).

Answer 1

an easement

Question 2

Covenants enforceable at law are called (equitable servitudes/ real covenants).

Answer 2

real covenants

Question 3

(Horizontal/ vertical) privity refers to the relationship between the original parties to the covenant.

Answer 3

Horizontal

Question 4

(Horizontal/ vertical) privity refers to the relationship between the original party to the covenant and that party’s successor.

Answer 4

vertical

Question 5

The intent that is critical when analyzing whether a covenant runs is the intent of the (original parties to the covenant/ successors to the covenant) at the time they (entered into the covenant/ purchased the property).

Answer 5

original parties to the covenant

entered into the covenant

Question 6

For a covenant to touch and concern a burdened parcel, it is sufficient that the covenant decrease the (price/value) of that parcel.

Answer 6

value

Question 7

(Privity/ Touch and concern) is not an element of an equitable servitude.

Answer 7

Privity

Question 8

(Relaxed/ strict) vertical privity is required for the burden to run.

Answer 8

strict

Question 9

(Relaxed/ Strict) vertical privity occurs when the successor succeeds to less than the entire estate of that
owned by the original covenanting party.

Answer 9

Relaxed

Question 10

Privity of (estate/contract) exists between the original covenanting parties to the covenant while parties seeking to enforce a real covenant as one running with the land must show privity of (estate/contract).

Answer 10

contract

estate

Question 11

To be binding on a purchaser, a successor to the burdened estate must have notice of the covenant (after/ before) she purchases the land.

Answer 11

before

Question 12

For a real covenant to run, the original covenant (must be in writing/ can be oral).

Answer 12

must be in writing

Question 13

If the dispute is between the original contracting parties, it is (imperative/ immaterial) to determine whether the covenant is one that runs with the land.

Answer 13

immaterial

Question 14

(Affirmative/ Negative) covenants require the servient owner to take certain specified acts such as pay fees to a homeowners association. (Affirmative/ Negative) covenants restrict the burdened land by prohibiting the owner from using the land in a certain way.

Answer 14

Affirmative

Negative

Question 15

Horizontal privity is not met when the covenanting parties are (neighboring landowners/ grantor and grantee).

Answer 15

neighboring landowners

Question 16

Easement by Necessity must arise ..when ?

Answer 16

At the time of conveyance - NOT AFTER .

If property sold / divided and LATER no means of ingress or egress ..then NO EASEMENT . Not necessity

Question 17

If one owner uses his other lot to get to road b/c convenient and then sells and the new owner wants to but is refused . Is there an easement or a way to sue for easement (Not a necessity - just conveyance)

Answer 17

No - No easement . Has to use his other ways in and out.

Question 18

Landlocked lake side property …

Answer 18

Easement by Necessity

Question 19

Express easements run with the burdened estate if the following elements are met:

Answer 19

Writing , Notice, Intent

Question 20

With an appurtenant easement, whoever succeeds to the _____________________ estate, succeeds to the easement. An appurtenant easement cannot be ___________________ from ownership of the dominant estate.

Answer 20

Dominant

Severed

Question 21

In determining the scope (use) of an easement and fixing the width, length and location of an easement, a court will first examine ____________________________________________. If clear, then no other factors will be considered.

Answer 21

Deed / Original Document

Question 22

If the scope (use) is not clear (i.e., is ambiguous), then the holder of an easement is entitled to use the servient estate in a manner that is _______________________________

Answer 22

Not Unduly Burdensome to Serviant Estate

Question 23

If the location, width, or length of an easement is not fixed, the easement is construed to extend over so much of that area as is __________

Answer 23

Necessary

Question 24

The traditional rule concerning the unilateral relocation of an easement is that ______

Answer 24

Can NOT be moved w/o the consent of the Owner of the Easement

Question 25

The Restatement rule on unilateral easement relocation provides ___________

Answer 25

Serviant Estate CAN move as long as not contrary to the purpose of the easement

Question 26

The owner of an appurtenant easement cannot use the easement for service of land that was not part of the __________________________________ at the time that the easement was created.

Answer 26

Dominant

Question 27

Easement implied from prior use

Elements

Answer 27

1. Elements
   • common ownership of parcel
   • before severance, part of that owner’s land was used for the benefit of another part
   • that use is apparent (obvious/ visible), continuous, and permanent
   • the easement is necessary and beneficial to the enjoyment of the parcel
2. Scope: The scope is established by the prior use.
3. An easement implied from prior use is an appurtenant easement.

Question 28

Easement by necessity

Elements

Answer 28

1. Elements
   • common ownership of parcel
   • the parcel is severed
   • the severance creates the necessity for the easement
2. Scope: The scope is the use that is reasonably essential to the use of the land.
3. An easement by necessity is an appurtenant easement.