Land Use

Question 0

claimants wants to make use of the land by another through use of…

Answer 0

1. Easements
2. profits
3. license

Question 1

2 Situations where there is a dispute over land but they are not claiming ownership

Answer 1

Claim a right to make affirmative use of the land
1. Easement
2. Profits
3. License
Claim to be able to dictate how land is used
1. Real Covenants
2. Equitable Servitude

Question 2

Checklist for Easements

Answer 2

1. Creation - was a valid easement ever created
2. Scope - what is scope of how easement is used.
3. Termination - was easement terminated?

Question 3

Creation of an Easement - Types

Answer 3

Express
Implication
Necessity
Public Use

Question 4

Creation of an Express Easement

Answer 4

Expressly created by the parties.

in a writing sufficient to qualify for SoF

Question 5

Easement by Implication - Types

Answer 5

by prescription

by conveyance

Question 6

Easement by prescription

Answer 6

Adverse possession in the easement world

Requires individual using land for statutory period

Question 7

Easement by Conveyance - 3 Requirements

Answer 7

1. Common Ownership of dominant-servient estate, then severance.
2. Quasi Easement - prior use at time of conveyance
3. Reasonable necessity for easement exists

Question 8

Easement by necessity 2 requirements

Answer 8

Common ownership of dominant-servient estate, then severance.

Absolute necessity (higher standard)

Question 9

Easement by Public Use - Implied Dedication

Answer 9

public makes use of easement over statutory period

Question 10

Servient Estate

Answer 10

Parcel burdened by easement

Question 11

Dominant Estate

Answer 11

Parcel benefited by easement

Question 12

Easement appurtenant

Answer 12

An easement that benefits a parcel of land

Question 13

Easement in gross

Answer 13

Easement that benefits an individual or entity

Power lines-power company

Question 14

Scope of an easement

Answer 14

Express easements define the scope in the agreement.
All others held to standard of reasonable use.

Where use is not reasonable = surcharging the easement.
Holder can sue for damages or injunction.

Holder can do what is reasonably to maintain easement
even interfering with the servient owners use of property

Question 15

Situations giving rise to the termination of an easement (4)

Answer 15

1. Destruction of servient estate
2. Certain actions of the holder
3. Certain actions of the Servient estate
4. End of necessity

Question 16

Destruction of the servient estate and easements

Answer 16

When servient estate is destroyed,
terminates any easement associated with it

UNLESS

The owner intentionally destroys servient estate to terminate easement

Question 17

Actions of the easement holder giving rise to termination of the easement (5)

Answer 17

Merger of dominant and servient estates.

Written release of the easement

Abandonment - stops using AND demonstrates intent to abandon

Estoppel -

1. holder’s conduct leads owner of the servient estate to believe holder has abandoned the easement
2. he reasonably relies on these actions to his detriment.

Severance - APPLIES to an EASEMENT APPURTENANT ONLY - attempt to sever dominant estate from servient estate severs easement.

Question 18

Actions of the owner of the servient estate giving rise to termination of the easement

Answer 18

1. Prescription - owner of servient estate interferes with use of easement for statutory period.
2. Sale of servient estate to a bona fide purchaser.
   One who pays value and takes without notice of the easement - either actual, constructive, or inquiry - terminates easement.

Otherwise easements typically run with the land

Question 19

termination of an easement - end of necessity

Answer 19

applies to easement by necessity only.

When the necessity ends, so will the easement.

Question 20

Profits

Answer 20

the right to go on land of another and remove something from it.

created expressly or by prescription - only. Not by implication.

Otherwise analysis is the same as for easements

Question 21

Licenses

Answer 21

Step below easement

Permission to use land.
Considered a personal right, not interest in land and no SoF problem.

freely revocable at any time for any reason
unless something happens making it irrevocable.

Question 22

Situations making a license irrevocable

Answer 22

1. License coupled with an interest - person purchasing an interest on the land and given license to enter and remove it.
2. Executed License - easement by estoppel.
   Person has permission to use land
   expends money in reliance on that license

Question 23

How to distinguish between covenants and equitable servitudes

Answer 23

Remedy for breach of covenants - damages
Remedy for violation of equitable servitude - injunction

Will depend on the remedy sought

Question 24

elements necessary for covenant to run with the land PINT

Answer 24

1. Touch and Concern 2. Notice 3. Intent 4. Privity PINT

Question 25

When a restriction will touch and concern land

Answer 25

reduce the use and enjoyment of the servient estate. restriction enhances the use and enjoyment of the dominant estate

Question 26

Intent Element of a Covenant that runs with the land

Answer 26

restriction is intended to bind future owners. A majority will imply intent when touch and concern are present.

Question 27

Notice requirement for covenants that run with the land

Answer 27

Owner of Servient estate must take WITH notice of restriction actual, constructive, or inquiry

Question 28

Privity Requirement for a Covenant to run with the land

Answer 28

Horizontal Privity - privity of contract. Must be a contract on the land Vertical Privity - Privity of estate in relation to ownership. Servient estate must transfer all his interests for burden to run. Dominant estate may transfer any interest in the land.

Question 29

Contracts in connection with the land for horizontal privity

Answer 29

1. Grantor-Grantee 2. Mortgagor-Mortgagee 3. Landlord-Tenant

Question 30

Elements of Equitable Servitude TIN

Answer 30

1. Touch and Concern 2. Intent 3. Notice TIN Privity is NOT Required otherwise analysis is the same as a covenant.

Question 31

How to terminate a covenant or equitable servitude | CREAM

Answer 31

``` Merger Release in writing Abandonment Estoppel Change of circumstances so that the restriction is no longer valid. ```

Question 32

Statute of Frauds and Covenants and Equitable Servitudes

Answer 32

Covenants and ES regard interests in land must be in writing sufficient to satisfy the SoF. Except - Implied Reciprocal Servitude

Question 33

Implied Reciprocal Servitude

Answer 33

negative restrictions only 1. part of a common scheme or plan for development of the land. 2. owner of servient estate must take with notice actual, constructive, or inquiry.

Question 34

Whether Property Law or UCC Applies with respect to crops.

Answer 34

who is doing the severing. UCC governs if seller severs before delivery Property law governs if seller sells crops attached

Question 35

General Rule - Lateral Support

Answer 35

absolute right to lateral support D is strictly liable for depravation of lateral support Did the subsidence result from the weight of improvement? (house) If improvement played no role in subsidence - then D remains SL. If so, D is liable only if negligent in depriving P of lateral support.

Question 36

Subjacent Support

Answer 36

Absolute right to subjacent support. | SL for damages, including improvements present at time rights were granted.

Question 37

Riparian Rights - Majority and Minority View

Answer 37

Majority View - all riparian land owners have a reasonable right to use of the water. Minority View - first in time, first in right.