Rights in Another's Land Flashcards
Easement
Holder has a right to use a tract of land (servient tenement) for a special purpose but has no right to possess and enjoy the tract of land; owner of servient tenement has full possession but cannot interfere with the right of special use
Affirmative Easement
Entitles the holder to enter upon the servient tenement and make an affirmative use of it; includes the right-of-way easment
Negative Easement
Entitles the privilege holder to compel the possessor of the servient tenement to refrain from engaging in activity upon the servient tenement (includes light, air, subjacent or lateral support, and flow of artifical stream). Now, basically a RC
Easement Appurtenant
Right of special use benefits the holder of the easement in his physical use or enjoyment of ANOTHER tract of land (dominant has benefit, servient is subject to the easemnet right); benefit passes with the land, burden passes unless new servient owner is BFP w/o notice
Easement in Gross
Holder of easement interest acquires a right of special use in the servient tenement independent of his ownersihp or possesssion of another tract of land; only one tract of land
Creation of Easements
Express grant: SOF applies; perpetual duration unless explicitly limited
Express reservation: Owner conveys title but reserves right to continue to use the tract for a special purpose after the conveyance
Implication: intended easement based on a use that existed when the dominant and servient estates were severed, easement implied from a recorded subdivision plat or profit a prendre, or easement by necessity
Easement by Necessity
Owner of a tract of land sells part of the tract and thereby deprives one lot of access to a pubic road or utility line; right-of-way by absolute necessity is created
Easement by Prescription
Use must be open and notorious, adverse (w.o consent, but need not be exclusive), and continuous and uninterrupted for the statutory period
Scope of Easements
Reasonable intent of the original parties; will be interpreted to meet both present and future reasonable needs
If scope is exceeded, easement is SURCHARGED. Servient landowner gets an injxn and maybe damages; does not terminate the easement though
Termination of Easements
END CRAMP: estoppel, necessity, destruction, condemnation, release, abandonment, merger, prescription
Estoppel: Servient owner materially changes position in reliance on easement holder’s assurances that easement is ending
Necessity: Easement by necessity will end when necessity ends
Destruction: Nonwillful destruction of servient land terminates the easement
Condemnation: Taking will end easement
Release: Release given by easement holder, in writing, to servient landowner will terminate easement
Abandonment: Easement holder takes physical axn manifesting intent to never use easement again
Merger: Title to the easement and title to the servient land vest in the same person
Prescription: Servient owner interferes with prescriptive easement
License
Privilege holder can go upon the land of another without acquiring an interest in the land; revocable at will of licensor; SOF does NOT apply; inalienable
Profit
Profit holder can go upon the land of another and take the soil or substance of the soil (minerals, timber, oil, game) and actually gets an interest, like an easement; created like an easement; alienable; can be appurtenant or in gross; terminated like an easement (and can be terminated by misuse)
Covenant
Written promise to do something on the land or a promse to refrain from doing something; run with the land (subseqnt owners can enforce or be burdened by covenant as long as land-running reqs are met)
When Burden of Covenant Runs w/the Land
WITHN: writing, intent for covenant to run, touch and concern the land, horizontal and vertical privity, notice
When Benefit of Covenant Runs w/the Land
WITV: writing, intent for covenant to run, touch and concern the land, vertical privity
