Private Land Use Controls: Servitudes: Introduction; Easements - April 6 Flashcards
What is an easement? (Barros)
An easement gives a party the right to physically enter and use the property of another. (539)
Ex: A has the right to use a driveway across B’s land to get to the nearest road. A has an easement across B’s land.
What is a license? (Barros)
A license gives a party the revocable right to physically enter the property of another. (539)
Ex: B gives A permission to cross B’s land to get access to the nearest road. This permission is revocable. A has a license to cross B’s land.
What is a profit? (Barros)
A profit gives a party the right to physically enter the property of another and remove certain resources. A profit can be understood as an easement plus the right to remove resources. (539)
Ex: A has the right to enter B’s land and harvest and remove a certain amount of timber from B’s land. A has a profit over B’s land.
What is a covenant that runs with the land? (Barros)
A covenant that runs with the land is a promise that is binding on both the present and subsequent owners of the property. (539)
Ex: A promises that neither she nor any future owner of her property will paint the house on the property any color other than white. Presuming that certain requirements are met, A’s property is subject to a covenant that runs with the land.
How can covenants that run with the land be enforced? (Barros)
Covenants that run with the land can be enforced in law as real covenants or in equity as equitable servitudes. (539)
How does one reserve an easement in themselves? (Barros)
Put another way, I will convey to you all of my fee simple interest in parcel B except for the easement, which I will keep for myself. (540)
What happens in a reservation? (Barros)
In a reservation, the conveying property owner holds back a property interest from the conveyance. Reservations can be used with all sorts of property interests. (540)
What is an exception? (Barros)
An exception typically excludes from a conveyance a pre-existing interest, while a reservation creates a new one. (541)
When does an interest in property run with the land? (Barros)
An interest in property runs with the land if it automatically transfers to subsequent owners of the land. (541)
What is a dominant estate? (Barros)
The property that has the benefit of the servitude is often called the dominant estate. (541)
What is a servient estate? (Barros)
The property that has the burden is often called the servient estate. (541)
When is the benefit of a servitude appurtenant? (Barros)
The benefit of a servitude is appurtenant if it is tied up with a parcel of property. (542)
When is the benefit of a servitude gross? (Barros)
The benefit is in gross if it is not tied up with a parcel of property. (542)
Is there a dominant estate with an in gross easement? (Barros)
No. With an in gross easement, there is no dominant estate. (542)
When is the benefit of a servitude personal? (Barros)
The benefit of a servitude is personal if it “is not transferrable and does not run with the land.” (543)
Ex: An easement conveyed “for the benefit of Jane Smith personally; this easement does not run with the land” would be a personal easement for the benefit of Jane.
