Property: Non-Possessory Interests

Question 1

Easements

Answer 1

An interest in land. Generally requires Statute of Frauds stuff. May be created by writing, implication, prescription, or estoppel

Question 2

Implied easements

Answer 2

Implied by prior use:
(1) severance of title to land held in common ownership;
(2) an existing, apparent, continuous use; and
(3) the parties intended use to continue after division of the land
Implied by Necessity:
(1) severance of title to land held in common ownership; and
(2) strict necessity for the easement at the time of severance.

Question 3

Easement by prescription

Answer 3

Requires:

(1) open and notorious
(2) actual
(3) exclusive
(4) hostile
(5) continuous

Question 4

Easements may be terminated by:

Answer 4

(1) abandonment
(2) merger of property
(3) prescription

Question 5

Covenants that run with the land

Answer 5

these are promises that attache to the land. The covenantor promises to do/refrain from doing something on his land.

Question 6

For a covenant to run with the land . . .

Answer 6

you need:

(1) writing
(2) intent
(3) privity
(4) touch and concern; and
(5) notice

Question 7

Equitable Servitude

Answer 7

A court may enforce a covenant as an equitable servitude if the plaintiff can show that all or the elements for a covenant that runs with the land but the plaintiff is seeking equitable relief.
Additionally, if P can’t show all of the elements, but P can show touch and concern, intent, and notice, the court may enforce.