Non-Possessory Interests Flashcards
When is an easement implied by preexisting use?
When the use on the servient tenement was apparent and continuous prior to division, and the court concludes that the parties intended for the use to continue because the use is reasonably necessary to the use/enjoyment of the dominant tenement (based on cost and difficulty of alternatives)
When is an easement implied by necessity?
When a landowner conveys part of their land, and there is no way out of that part except across the grantor’s remaining land.
What are the ways to terminate an easement, other than by express language in a grant? (ENDCRAMP)
Estoppel, Necessity, Destruction, Condemnation, Release, Abandonment, Merger, Prescription
When is an easement terminated by estoppel?
When the servient landowner reasonably relies on the easement holder’s oral expression of intent to abandon the easement
What are the requirements for the burden of a restrictive covenant to run with the land?
The promise must be in writing, it must be the intended by the covenanting parties to run with the land, the covenant must “touch and concern” the land, there must be horizontal privity between the originally covenanting parties, there must be vertical privity between the covenanting party and their successor in interest, and subsequent purchasers must have actual/inquiry/record notice of the covenant
When may an equitable servitude be implied, if it is not in writing?
When a developer sold lots in a subdivision and the deeds of some lots do not contain the equitable servitude, IF
- There was a common scheme of development when sales began
- The purchaser had actual/inquiry/record notice of the servitude
When is horizontal privity satisfied in the context of restrictive covenants?
When the original covenanting parties were in succession of estate.
What is a profit?
A non possessory interest to enter servient land and take from its resources.
