Freehold Covenants And Easements Flashcards
1
Q
What is an easement and a profit ?
A
Easement = right for one landowner to make use of another’s land
Profit = right to take something from someone else’s land that occurs naturally .
2
Q
What makes an easement legal vs equitable ?
A
Only legal for a certain duration or forever (fixed vs freehold) and deed meets requirements
3
Q
How can easements be created ?
A
- express grant
- implied by necessity
- implied by common intention
- prescription (20 years)
4
Q
What is a covenant ?
A
A promise to do something or not to do something - they are not capable of being legal and only equitable
5
Q
Restrictive covenants can pass in equity if what is satisfied ?
A
- must be restrictive
- must have been made to benefit dominant land
- covenant must touch and concern the land
- owner of serving land must have notice of covenant for it to bind them
6
Q
What are the three ways a positive covenants are enforceable against successors ?
A
- create a lease - cannot last forever
- indemnity covenant
- doctrine of mutual benefit and burden
7
Q
What conditions must the doctrine of mutual benefit and burden satisfy ?
A
- clear correlation between the benefit and linked burden
- Covenanters successor in title must have option take benefit or renounce it
