Real Property Easements

Question 1

How to create an easement

Answer 1

by an express grant, by implication, by necessity, and by prescription

Question 2

Express grant rule

Answer 2

(1) perpetual in duration unless limited
(2) must comply with SoF if longer than 1 year

Question 3

what is an easement appurtenant ?

Answer 3

when the right of special use benefits the holder of the easement (dominant tenement) in their physical use or enjoyment of another tract of land (servient tenement)

Question 4

How to determine scope of easement?

Answer 4

(1) ambiguities are resolved in favor of grantee
(2) subsequent conduct of parties respecting the arrangement is relevant
(3) parties are assumed to have intended a scope that would reasonably serve the purposes of the grant and to have foreseen reasonable changes

Question 5

An easement’s change in use

Answer 5

(1) cts will assume that parties intended the easement to meet both present and future reasonable needs of dominant tenement
(2) when the owner of an easement uses it in a way that exceeds its legal scope, the easement is surcharged.

Question 6

What is a real covenant?

Answer 6

(1) written promise to do or not do something on land
(2) if longer than 1 year, must satisfy SoF
(3) real covenants run with the land, meaning that subsequent owners may enforce or be burdened

Question 7

What is horizontal privity ?

Answer 7

reqs that original parties share some interest in the land separate from the covenant, such as grantor grantee relationship

Question 8

What is an equitable servitude?

Answer 8

(1) a covenant that, whether or not it will run with the land, equity will enforce against successors of burdened land;
(2) unless successor is bone fide purchaser

• usually money damages but injunction is available

Question 9

changed neighborhood conditions defense

Answer 9

(1) neighborhood has changed so much;
(2) it would be inequitable to enforce the restriction;
(3) injunction will be withheld