Land Use

Question 1

Easement

Answer 1

• Non-possessory right to use someone else’s land
• not revocable
• must satisfy SOF
• Includes Dominant and Servant Estates
• Either Appurtenant or In-Gross
• Types= PING- Prescription, Implication, Necessity, Grant (Express)

Question 2

Dominant Estate

Answer 2

Land that is benefitted by the easement

Question 3

Servient Estate

Answer 3

Land burdened by the easement

Question 4

Appurtenant Easement

Answer 4

• Involves 2 estates (dom. & Ser.)

- Easement benefits the land (owners enjoyment of the land)

Question 5

Easement In-Gross

Answer 5

• Involves only 1 estate (servant)

- Benefits a person or company

Question 6

Express Easement (Grant)

Answer 6

• Transfer of interest in land
• Must be Written
• (Majority Rule) Cannot reserve easements for 3rd parties
• Must use proper rules for conveyance- Writing, Identify Grantor/Grantee, manifest Intent to create easement, describe affected Land, Signed by Grantor

Question 7

Licenses

Answer 7

• Temporary authorization to use another’s land for a limited purpose
• Freely Revocable(neighbors talking by the fence) (Exception: Estoppel)
• Not transferrable or expandable
• I.e. allowing kids to swim at the pond on your land.

Question 8

Easement by Estoppel

Answer 8

• Given License
• Licensee expends reasonable $/time in good faith reliance
• Licensor reasonably expects that reliance will occur
• Oral promise may be upheld if promisee relies to her detriment.

Question 9

Easement by Implied Use (Implication)

Answer 9

• Severance of title to land held in common ownership
• an existing, apparent (reasonably discoverable) and continuous use when severance occurs
• reasonable necessity for use at severance
• conveys the parties intent

Question 10

Easement by Prescription

Answer 10

• COAH
• Actual entry
• Open and Notorious
• Hostile
• Continuous and uninterrupted
• Exclusive (to the common public)
  
  • so the person using the easement may share it with the TO only
• to negate easement by prescription TO must actually stop the other parties’ use. Similar to AP.

Question 11

Easement by Necessity

Answer 11

• Strict necessity at the time of severance (landlocked)

- will terminate when necessity ends

Question 12

Assignment if Easement

Answer 12

• Appurtenant
  
  • Benefit of easement will be assigned to the next owner of dominant estate
  • Burden of Easement will be assigned if purchaser had Notice of easement
• IN-Gross
  
  • Transfers if new owner has notice of burden
  • Dominant transfers, so long as its not contrary to the intent to the parties.

Question 13

Scope of Easement

Answer 13

• reasonable expansion of use unless EXPRESSLY limited

- subdivision, yes, unless there is an unreasonable burden.

Question 14

Termination of Easements

Answer 14

(1) Unities of properties (common ownership)
(2) Release by benefitting party
(3) BFP purchases servient estate
(4) Time limit
(5) Abandonment (must have intent to relinquish + an act to demonstrate intent)

Question 15

Covenant

Answer 15

• includes benefitted and burdened estates

- Remedy= MONEY DAMAGES

Question 16

For Burden to run under Covenant

Answer 16

WITHN

(1) Writing
(2) Notice of purchaser
(3) Intent (original parties must have intended for burden to run) Magic Language= “heirs and assigns”
(4) Horizontal Privity (L/T, Mortgagor/Mortgagee, Grantor/Grantee relationship)
(5) Vertical Privity (strict)- must assign entire interest to purchaser (no sub-lease)
(6) Touch and Concern the land

Question 17

For Benefit to run under Covenant

Answer 17

(1) Writing
(2) Intent
(3) Vertical Privity (relaxed)- conveyance of some occupancy of land, not entire interest.
(4) Touch and Concern

Question 18

Equitable Servitude

Answer 18

-Remedy= Injunction

Question 19

For Burden to run under Equitable Servitude

Answer 19

(1) Writing or implied from common plan
(2) Intent
(3) Touch and Concern
(4) Notice of Purchaser

Question 20

For Benefit to run under Equitable Servitude

Answer 20

(1) Writing
(2) Intent
(3) Touch and Concern