Private Land Use

Question 1

License

Answer 1

(1) Temporary authorization of land use
(2) can be oral/ revoked

Revocation exceptions:

(a) license with interest
(b) Easement by Estoppel

Question 2

Easement by Estoppel

Answer 2

Oral permission may act as inducement for another act

Elements:

(a) licenses
(b) licensee reasonable expenditure of time & $$ on good faith reliance on promise
(c) Licensor knew (should’ve) reasonable expectation that reliance would occur

Question 3

Easement Implied By Prior Use

Answer 3

Elements:

(a) severance of title to land held in common ownership
(b) existing, apparent, & continuous use when severance occurs
(c) reasonable necessity for use at severance

MIN -> implied reservation must have strict necessity

Question 4

Easement by Necessity

Answer 4

Elements:

(a) severance of title to land held in common
(b) strict necessity at severance

Question 5

Easement by Prescription

Answer 5

all elements of Adverse Possession

Exclusive -> of general public; not owner

ownership right to use path

Question 6

Appurtenant Easement

Answer 6

Benefits land

Dominant -> assignable
Servient -> assignable if notice

Question 7

In Gross Easement

Answer 7

benefits person

Dominant -> assignable if original K had intent
Servient -> assignable if notice

Question 8

Express Easements

Answer 8

Elements

(1) in writing
(2) identifies grantor/grantee
(3) manifest intent to create easement
(4) describe effected land
(5) signed by grantor

Question 9

Scope of Easements

Answer 9

reasonable expansion of use
- technology (horse v. truck)

Subdivision

• ok if reasonable
• up to 100 = MAJ ok

Question 10

Termination of Easements

Answer 10

(1) common ownership
(2) release
(3) Bona Fide Purchaser
(4) Abandonment
- intent & physical act
(5) prescription
- physically preventing use of property for whole stat. period

Question 11

Covenants

Answer 11

Two ways to enforce agreement:

(1) Real Covenants -> traditional remedy is $$
(2) Equitable servitude -> injunction relief

Question 12

Real Covenant -> Burden to Run

Answer 12

(1) covenant must be in writing
(2) must have notice to purchaser
(3) intent for burden to run (original parties)
(4) Horizontal privity
- privity of estate at time of covenant
(5) Vertical Privity
- MAJ requires strict
(6) Touch & Concern

Question 13

Real Covenant -> Benefit to Run

Answer 13

(1) writing
(2) intent
(3) vertical privity
- relaxed
(4) touch & concern

Question 14

Equitable Servitude -> Burden to Run

Answer 14

(1) writing/ implied from common plan
(2) intent
(3) touch & concern
(4) purchaser has notice

Question 15

Equitable Servitude -> Benefit to Run

Answer 15

(1) writing/ implied
(2) intent
(3) Touch & Concern

Question 16

Termination of Covenant

Answer 16

(1) time limit
(2) same hands
(3) release
(4) abandonment
(5) Estoppel (similar to with easements)
(6) Breaking any element