Nonpossessory Estates

Question 1

Do easements run with the land?

Answer 1

Yes. The benefit of an easement runs with the land. The burden of an easement runs with the land, unless the new owner is a BFP with no notice of the easement

Question 2

What are the 4 ways easements are created?

Answer 2

1) Prescription: continuous, open/notorious, actual (no need for exclusivity), hostile (without permission)
2) Implication
3) Necessity
4) Grant (express grant)

Question 3

How is an easement created by implication?

Answer 3

Prior to the separation of two tracts of land, the use on the servient tenement was apparent and continuous and was reasonably necessary to the reasonable enjoyment of the dominant tenement, and the parties intended for use to continue after division of land

Question 4

How are easements terminated?

Answer 4

END CRAMP
E: estoppel (reliance on surrender)
N: necessity (ends)
D: destruction of servient land
C: condemnation (gov't takes servient land)
R: release (by servient tenement holder)
A: abandonment (mere nonuse/words not enough)
M: merger
P: prescription

Question 5

How are easements terminated by merger?

Answer 5

A person acquires ownership of both the servient and dominant tenements. The ownership in the servient tenement must be equal to or longer than the ownership in the dominant tenement.

Question 6

True or false: licenses are ALWAYS revocable

Answer 6

False. Generally, licenses are revocable. However, estoppel may prevent revocation when licensee has invested a significant amount of money or labor in reliance of license

Question 7

When does the burden of the covenant run with the land?

Answer 7

WITHN
Written: covenant is written
Intent: parties intended for burden to run with the land
T: touch and concern land, the covenant does.
H: horizontal and vertical privity. Horizontal: original parties shared legal interest in the land (grantor-grantee, mortgagor-mortgagee). Vertical privity: some non-hostile nexus.
N: notice - actual, inquiry, or record.

Question 8

When does the benefit of the covenant run with the land?

Answer 8

WITV

Horizontal privity and notice not required

Question 9

What is an equitable servitude and when does an equitable servitude run with the land?

Answer 9

An equitable servitude is a covenant that, regardless of whether it runs with the land at law, will be enforced in equity if WITNES.

Question 10

What is a reciprocal negative servitude?

Answer 10

An equitable servitude implied by the common scheme or development of which the land is a part. Holder of the land is bound if he has notice of the servitude.

Question 11

What defense does a party have to enforcement of a reciprocal negative servitude?

Answer 11

The entire neighborhood has changed so significantly that enforcement of the servitude would be inequitable.