Land use Flashcards
an easement is
an interest in the land of another
types of easements
affirmative
negative: gives holder the rt to prevent a landowner from doing something on his land. ex prevent someone from building a house that blocks light onto his land
easement appurtenant: owner of dominant estate holds the easement
easement in gross: results in a servient but not dominant estate
SOF for an easement?
it’s an interest in land, so generally yes
creation of easement by implication: prior use
implied propr use:
- severance of title to land held in common ownership
- existing, apparent, continuous use when they’re held by the same person/ at the time of severence
- parties intended to continue use after the division of the land bc it’s reasonably necessary
quasi-easement
existing, apparent, continuous use
creation of easement by implication: necessity:
severence of title to land held in common ownership
strict necessity for easement at the time of severence
creation of easement by prescription
oh ace open and notorious hostile actual continuous exclusive (can share w owner though)
termination of easement by abandonment
proof of
intent to abandon
an affirmative act in furtherance of the intent to abandon
termination of easement by estoppel
requires proof of
act or representation in respect to the easement
justifable reliance on that act or rep
damages
license
need a writing? need consideration? transferable? expires when revokable?
priv, usu to do something on someone else’s prop
no writing req
no consid req
not transferable unless the licensor intends
expires on death or conveyance
generally revokable at will, except
license coupled w an interest (A owns pers prop on the land of B; has a priv incidental to the pers prop to come onto the land and recover the prop)
executed license: substantial expenditure of funds in reliance on the promisor’s prom to allow the promisee to use the land.
covenant that runs with the land
def
need a writing?
a covenant that runs with the land is a promise that attaches to the land. can be a benefit or a burden
need:
this night is practically suicide
touch and concern notice (followed juris's recording stat) intent privity SOF writing
types of privity
horizontal privity
rel bt original covenantor and covenantee
vertical privity
rel that exists bt an original party to a running covenant and the successor in interest to the orig party
equtiable servitude
nonpossessory interest in land, where:
it’s a covenant running w the land but P seeks equitable relief
OR
it’s missing an element for a covenenat running w the land
don’t need privity
owner of 2+ lots sells one. subsequent property owner’s deed doesn’t contain a restriction. seller wants to bind him to the restrictions found in seller’s own deed. files for an injunction forcing the restrix on the new owner
implied reciprocal servitude.
ok if:
- general plan for the subdivision or whatever
- owner had at least constructive notice of the restrix
right to lateral support:
natural conditions on O’s land cause neighboring land to sink. O liable?
O’s excavation causes the adjacent land to sink. O liable?
nope
SL if adjacent land would have collapsed in its natural state.
If adjacent land would not have collapsed in its natural state, O is liable for damages resulting from net
right to subjacent support:
liable for buildings…
existing when subjacent estate severed
liable for damage to subsequently erected buildings only if negligent
riparian rights
rights in water enjoyed by an owner of land that abuts a navigable natural river/ stream/ lake. extends to the center of the body of water
