Outline w/ Deff Property Flashcards
Easements Deff
Easement:
Non possessory interest to use the land of another or restrict the use of the land of another.
o May be positive (granting right to do) or negative (restricting)
Different types of easements
- Express
- Necessity
- Prescription
- Implication
Express easement:
- Easement between two parties created in writing
o Last however long we agree to based on the writing.
o Easements are created in writing but are not required to be
Necessity
- Not in writing.
- Its factually based on it was necessary for one person to enter the land of another because that was the only way for them to get off their land. I am landlocked.
- This terminates when its no longer necessary
o Ie dead end street- city creates and exit then necessity is no longer there.
Prescription
- Looks like adverse possession- I am doing something on ur land for the statutory period of time. Its open notorious, adverse continuous.
o Then I only have a right don’t use term adverse possession because in adverse possession you acquire title to the land.
o In FL 20 yrs.
Implication
- Its implied from prior use- I have been using your land for so long that I keep having the legal right to do it.
Duration of an easement
- Generally easements last forever- runs with the land unless it is terminated
Terminates when:
o Express- by agreement
o Necessity- when no longer necessity
o Otherwise forever.
Ways to terminate an easement
Abandonment: non use an an express intent not to return
Merger: When someone buys the other piece of land. Now I own both I cant have an easement on my own land two properties merge together. This terminates the easement based on merger.
Covenant definition
- Always in writing looks like a K. It’s a promise that allows me to use the land of another for a particular purpose or
Type of covenant
Restrictive: there are restrictions on how I sue the land of another (restrictive covenant)
Covenant duration
Lasts generally forever- run with the land enf. able against all future grantees.
When does a covenant run with the land
- intent
- touches and concerns the land
a) about the use of the land- personal ie specific person - Privity
a) horizontal or vertical - Notice
Equitable Servitude
o Restrictive covenant plus seeking an injunction is called an equitable servitude
o Main difference is the remedy ur seeking.
Land lord tenant- What type or tenancy is it
Periodic: Successive periods
Month to month (15), yr to yr (60)
Tenancy for years: Has beginning and end date
At will tenancy:Goes on indefinitely can be terminated by either party
Tenancy at sufferance: When tenant stays after the lease term (hold over tenant. Landlord can begin eviction process.
Tenant Duties
- Has duty to Pay rent unless or until land lord breaches any warranties or responsibilities.
- Duty to not commit waste (physical destruction or damaging the property or allowing damage to occur, toilet overflooding and I don’t notify the landlord).
