Property

Question 1

An easement appurtenant always passes with the land except when?

Answer 1

New servient tenement is a BFP AND had no notice of the easement.

Question 2

An easement in gross is only transferable when?

Answer 2

It is a commercial easement in gross.

Question 3

What are the 4 ways an easement is created? PING

Answer 3

Prescription
Implication
Necessity
Grant

Question 4

What is the main difference between Adverse Possession and Easement by Prescription?

Answer 4

The ‘Actual Use’ element. Easements don’t need to be exclusive of owner, Adverse Possession does need to be exclusive of owner.

Question 5

What is the only way to create a negative easement?

Answer 5

By grant

Question 6

What are the things a negative easement can prevent a landowner from doing, otherwise it becomes a restrictive covenant?

Answer 6

blocking/moving air, artificial water flow, earth support, the sun, and sometimes scenic views.

Question 7

What are the 8 ways an easement is terminated? ENDCRAMP

Answer 7

Estoppel, necessity, destruction, condemnation, release, abandonment, merger, prescription.

Question 8

What is a Profit in servitudes?

Answer 8

Easement in gross for taking something from the other’s land.

Question 9

What are the remedies for restrictive covenants and equitable servitudes?

Answer 9

Restrictive covenants = money (law) or money and injunction

Equitable servitude = injunction only (equity)

Question 10

Are easements attached to the land or the people?

Answer 10

The land

Question 11

Are covenants attached to the land or the people?

Answer 11

The people

Question 12

What are the common elements for a burden and benefit of a covenant to transfer?

Answer 12

writing
intent to transfer
touch and concern the land

Question 13

Is notice required for a restrictive covenant’s burden to transfer? Benefit?

Answer 13

Burden…needs notice
Benefit…no notice needed.

Question 14

What kind of privity is required for a restrictive covenant’s burden to transfer? Benefit?

Answer 14

Burden…horizontal and vertical
Benefit…vertical only

Question 15

To create an equitable servitude, is privity needed? Notice?

Answer 15

Privity…no
Notice…yes

Question 16

A writing is always required to create a real covenant and equitable servitudes, except when?

Answer 16

equitable servitudes when common scheme of development implies the equitable servitude.

Question 17

What is the only difference between the burden of a covenant running with the land and the creation of an equitable servitude?

Answer 17

Equitable servitude doesn’t need privity.

Question 18

What all is required for a burden of a covenant to run with the land? WITHN

Answer 18

Writing, Intent, Touch and concern land, Horizontal and vertical privity, notice.