Pr3

Question 1

POSSESSOR'S RIGHTS.
The possessor of real Pr has the right to be free from 
1) TRESPASS: 
2) & private NUISANCE:
\+CA

Answer 1

1) PHYSICAL INTRUSION of land that interferes w/ O’s right to EXCL. POSSESS. (=>EJECTMENT).
2) SUBST. & UNREAS. interference w/ P’s USE or ENJOYM. of Pr.
CA: HYPERsensitive P
b/c REAS. person. Std.

Question 2

EASEMENT is + TYPES:

[An Easement is most useful to CONTRL the USE of Pr w/o seriously affecting Marketability of title.]

Answer 2

grant of a NONposs. INTERESTi.L. that entitles holder to USE LO’s land for a spec. purpose. TYPES:

1) AFFIRM. E.: Holder can GO & DO s.th. on Servient land.
2) NEGATIVE E: Holder can PREVENT SERVIENT LO from DOING s.th. otherw. allowed re:
1) LIGHT 2) AIR
3) STREAM H2O from artif. flow
4) SUPPORT [L-A-S-S <=never by necess.]

Question 3

Easement HELD either
APPURTENANT
or
IN GROSS:

Answer 3

1) APPURTENANT=BENEFITS holder’s USE or ENJOYMENT of his OWN Pr. => Requires DOMIN. & SERVIENT parcelS.
[A’s right: to cut thru B’s land]
2) IN GROSS=There’s NO DOMIN. ten. (only 1 parcel). => Holder’s RIGHT 2USE SERVIENT tenem. (4pers./pecuniary gain) is UNRELATED to his OWN land.
[A’s right: 2put a “beans” (=gross!) billboard on B’s land]

Question 4

TRANSFER of Easements:
+CA

[E by grant must be recorded to bind a BFP]

Answer 4

1) APPURTENANT E.: BENEFIT+BURDEN AUTOM. PASS w/ land, unless
CA: BFP.
2) EASEMENT IN GROSS:
for COMMERCIAL purposes are ASSIGNABLE.
[Holder can repair {pipes} assoc. w/ E, but must restore surface post-excavation].

Question 5

EASEMENT CREATION (Details): 
[G I N P]

Answer 5

–GRANT: +WRITING (SOF!) if >1yr.
[CA: LIC. =no t.o.i. in land! CCA:]
–IMPLIED by LAW:
If @ the DIVISION of the land the:
1) EXISTING USE was APPARENT
2) Parties INTENDED that the use CONTINUES after the division &
3) use is REAS. NECESSARY for ENJOYMENT of DOMINANT Land.
–NECESSITY: Limited 2Easements OF WAY! Implied iff O of single lot conveys LANDLOCKED L.
–PRESCR.: CA: NO Excl./record req’d.

Question 6

SCOPE of Easement: +CA:
[+Remedy]

{Easement holder uses it to BEN land other than the dominant estate}

Answer 6

is determined by 
1) the Grant TERMS or 
2) the EXTERNAL CONDITIONS that Created the [prescr.] Easement.
CA: EXCESSIVE use.
[ => REMEDY: 
Ct. can order CONFORMING use]

Question 7

Termination of Easement : EXTINGUISHED by:
[E N D C R A M P]

[after merger no reinstatement by sale of serv. estate ]

Answer 7

1. ESTOPPEL=Holder Assures he’ll NO longer enf.E. +Servient O MAT. changes posit. i.r.REL.
2. NECESSITY: ends
3. DESTRUCTION of S.land.
4. CONDEMNATION of S.land.
5. RELEASE: Written.
6. ABANDONM.: Holder’s PHYSICAL ACT shows INT. 2PERM. aband. [CA: mere NONuse]
7. MERGER: Unity of serv.&dom.
8. PRESCRIPTION: by s.owner’s AP
   [look4: interfering Fence erected].

Question 8

LICENSE +CA:

Answer 8

mere PERMISSION 2 ENTER another’s land.

1) Can Result if “oral easem.” violates the SOF. No SOF! b/c LIC is NOT a t.o.i. in land. [CA: Profit]
2) REVOCABLE UNLESS COUPLED w/ an interest [=Lic’ee INVESTED subst. $$ or labor in REAS. RELIANCE on the license. ESTOPPEL]

Question 9

PROFIT +CA:

Answer 9

right to ENTER SERVIENT land & TAKE s.th. AWAY from it.
[mineral, timber, oil].
[Non-poss i.i.LAND=>SOF]
–Creation, Assignability:
Same as Easement
CA: OVERUSE EXTINGUISHES Holder’s right to enter!

Question 10

COVENANT is …

GR +Effect:

Answer 10

[=a RESTRICTION !]
a PROMISE /not/ to DO s.th. LO is otherwise Privileged to do.
–Covenant BINDS successors in interest b/c it RUNS w/ the land.
(Cf. Easement “autom. passes”)
[CA: Mere K. limitation
=NOT an interest in land].

Question 11

COVENANTS & Equitable Servitudes can be:
AFFIRMATIVE
or
NEGATIVE:

Answer 11

1) AFFIRMATIVE: PROMISE to do s.th. related to land [paint a fence].
2) **NEGATIVE / RESTRICTIVE COVENANT: Promise to REFRAIN from doing s.th. related to the land [promise not to build a pool].
3) **Covenant vs. ES: REMEDY for a Covenant is: DMG. vs. INJ. for ES (=no privity req’d).
4) TRACTS: 1 is burdened by promise, the other 1 is benefited.

Question 12

COVENANT Creation …:

Answer 12

W I T V H N
1. The ORIG. promise must be in WRITING.
[G’ee’s Recording = memo substit.]
2. INTENT: of ORIG. parties that the restriction runs =BINDS SUCCESSORS [Look@ lang.!]
3. TOUCH & concern (see)
4. VERTICAL & HORIZ priv. (see)
5. Servient LO took his land w/ (A/I/R) NOTICE (of the Covenant or ES).

Question 13

Touch & Concern +Example

Answer 13

Promise/ES makes:
1) DOM land MORE VALUABLE
2) & Affects Use or Enjoyment of the SERVIENT land.
[Expl: due to COVENANT to PAY $$ for Tax, HOA fees /Non-compete Covenant]

Question 14

To enforce a BENEFIT of a restrictive covenant, you need HORIZ. PRIVITY of estate b/w …:
To enforce a BURDEN, you ALSO need VERT. PRIVITY of estate …:

Answer 14

1) HORIZ:=b/w **ORIG. covenanting parties
[G’or-G’ee /L-T]
2) VERTICAL: NON-hostile nexus b/w Orig. covenantOR & subsequent takers AGAINST whom to enforce a BURDEN.
[Blood-K-Devise. CA: AP !]
ALTERN.: Get INJunction 4 an ES
= b/c it’s enforceable w/o privity!

Question 15

EQUITABLE SERVITUDE …:

+Creation:

+CA:

Answer 15

[=Restriction!] like a Covenant, BINDS Successors w/ Notice.
a) 1) WRITING 2) INTENT
3) TOUCH & CONCERN
4) NOTICE [CA: for Benefit!].
[W I T N] **LOOK @remedy:
INJUNCTION & Privity is NEVER req’d to BIND successors of an ES !
b) IMPLIED Negative Reciprocal Servitude (see)

Question 16

IMPLIED Negative Reciprocal Servitude:
Creation +CAsea
[G’or consistently imposes similar covenants on a group of lots in a subdivision to burden the owners w/ restrictions.
=> G’or can be forced to impose similar restrictions on remaining lots]

Answer 16

Cts. will IMPLY [SUBdivider’s INTENT to create] a RNS on ALL SUBDIVISIONs => binds UNrestricted lot holder D if:
1) a COMMON DEVELOPMENT SCHEME (oral /written) included D’s lot &
2) D had A/I/R NOTICE(!) of the restr.
CA: Equitable DFN: CHANGED [neighborhood] CONDITIONS: ENTIRE Area changed so greatly that ALL LOTS are AFFECTED.
=>Ct may TERMINATE the ES.

Question 17

ADVERSE POSSESSION (AP) Issue LIST

[Note: AP to Airspace is possible
(e.g., by projection from a structure which overhangs another’s Pr)]

Answer 17

AP
Tacking
Disability

Question 18

Adverse P: Possession for the statutory period …

[HE-COA] [CA: Gov’t Pr.]

[–3P’s Easement:
is NOT affected by AP.
–BFP: AP TITLE is valid against the TO’s subsequent BFP.]

Answer 18

can ripen into valid Title if:
1) Hostile =Adverse = w/o TO’s PERMISSION.  
2) Exclusive: NOT SHARED w/ TO.
[leasing to a 3P OK="poss."].
3) Continuous: for Stat. period. 
[CoA for FI: when right Vests. 
CA: Abandon /EJECTMENT suit]
4) Open & Notorious: TYPE of use TO would make under the CIRC.
5) ACTUAL ENTRY: 
CA: FICTITIOUS /hypothetical.

Question 19

[AP1 transfers to AP2]

Tacking +CA:
&
Tacking under “COLOR of title”

Answer 19

AP’or may TACK on time to his PREDECESSOR’s time if there’s PRIVITY of ESTATE
[=shared interest in the land: K, Will, Rent
/NON-hostile nexus [blood]].
CA: OUSTER.
Tacking under “COLOR of title”: EXPANDS ACTUAL possession to 100% land in the DEFECTIVE document.

Question 20

Disability

{AP commences against adult, who then conveys to minor.}

Answer 20

The SOL is tolled if TO was DISABLED
[insanity, infancy, imprisonment]
at the time the CoA for AP accrued.
[CA: Transfer of ownership by TO doesNOT interrupt the running of the period for AP.]