Non Possessory Interests

Question 0

Easement in gross

Answer 0

Benefit to the owner of the easement, not the parcel.

ie utility company.

Question 1

Easement

Answer 1

Non possessory right to use another’s land for a limited purpose.

Question 2

Appurtenant

Answer 2

Easement tied to the land
Presumed absent clear language.
Pass with title of the dominant (benefitted) estate.

Question 4

Affirmative easement

Answer 4

Allow for a use, does not prevent a use.

Most easements.

Question 5

Negative easement

Answer 5

Right to restrict another’s use of their own land.

Question 6

Types of negative easements

Answer 6

1. Light: prevent neighbor from blocking light.
2. Air: prevent restriction of air flow.
3. Support: undermining a building on the holders land.
4. Watercourse: interference with artificial stream.
5. Conservation: new. Includes preserve scenic view.

Question 6

Easement by estoppel.

Answer 6

Landowner who permits the use may be estopped from denying the easement in so far as necessary to prevent injustice.

Question 7

Express easements

Answer 7

Must be in writing to comply with statute if frauds.

Question 9

Implied easement

Answer 9

When land is divide such that an easement is implied though not actually granted.

Question 10

Easement by necessity

Answer 10

Requires

1. Prior unity of the parcel
2. Strict necessity: no way to access the “landlocked” parcel at a reasonable cost, other than thought the servient estate.

Question 11

Implied easement for a pre-existing use

Answer 11

Requires

1. Unity of ownership.
2. Prior use of the land consistent with the easement.
3. Reasonable necessity.

Question 12

Easement by prescription

Answer 12

When landowner did not consent.
Requires: 
1. Open, 
2. Notorious (visible), 
3. Actual use. 
4. Exclusive: use not shared with public, but not have to exclude the owner. 
5. Adverse: without owners consent. 
6. Continuous: cl was 20 years of use at frequency consistent with easement.

Question 13

Scope of easement

Answer 13

Neither party can increase frequency of use, size, type of use, or relocate the easement.
Allows servient estate to recover damages.

Question 14

Termination of easement

Answer 14

1. Terms of easement itself.
2. Laws purpose in establishing the easement is served.
3. Holder can release the servient estate. In writing to comply with statute of frauds.
4. Merger: both parcels owned by same party then no longer an easement.
5. Destruction of servient parcel.
6. Prescription of the servient estate.
7. Abandonment: no use for extended period AND unequivocal statement of intent to abandon.
8. No notice by good faith purchaser of servient estate.

Question 15

Profits

Answer 15

Right to remove product from another’s land. Eg, Timber, minerals.
No negative profits, only affirmative.
must be compensated in a taking.

Question 16

License

Answer 16

Personal permission to use land that would otherwise be trespass.
No property interest, therefore no s/f concern.
revocable at licensor’s will.

Question 17

Real covenants

Answer 17

Restrictions placed on the use of land that are made part of the deed so that they bind successor owners (clear language). 
award money damages. 
 must first be an enforceable K. 
 touch and concern the land. 
run with the land.

Question 18

Equitable servitude

Answer 18

Restriction placed on the use of the land enforced by injunction.

1. Enforceable K between original parties to covenant
2. Intent to bind successors.
3. Touched and concerned the land.
4. Notice to successor. Actual or constructive.

Question 19

Horizontal privity

Answer 19

Relationship of parties who agreed to original K.
Most states says a conveyance between them.
not required for the benefit to run, but yes required for the burden.

Question 20

Vertical privity

Answer 20

Successor to one of the original parties.
Bound by burden only if takes entire estate.
Bound by benefit if only has some interest in the land.

Question 21

Implied reciprocal servitudes

Answer 21

When person has notice of common development or scheme, bound by it even though the restriction is not on their deed.

Question 21

Equitable defenses

Answer 21

Laches: took too long to seek relief
Unclean hands:
Estoppel: person can’t enforce if he led other to think it will not be enforced.
Acquiescence: did not enforce against A, can’t then enforce against B.

Question 22

Termination of covenants and sevitudes

Answer 22

Same as easements.
And changed circumstances: use and condition of neighborhood changed therefore no longer need restrictions on use.
will not work if any of the owners still benefit from the restriction.

Question 23

Touch and concern the land

Answer 23

affect value or use of land, or owners interest in it.

Question 24

Run with the land

Answer 24

Future owners bound even w/o actual knowledge as long as in public record.
Not need to be on the deed.