Rights in Land Flashcards
1
Q
Real Covenants —- what is needed to enforce a covenant? = PINT
A
- Privity = horizontal & vertical privity — only vertical privity needed for the benefit to run
- Intent = for the covenant to run
- Notice = of the covenant
- Touch = must touch and concern the land (aka make it more valuable)
** remedy = money damages ***
2
Q
Equitable servitudes = INT
A
- Intent for covenant to run
- Notice of covenant
- Touch and concern the land
- remedy = injunction
- equitable defenses available (laches, unclean hands)
3
Q
Easements: Creation
A
- Express: signed writing required
- Implied by prior use: common apparent use by a landowner who subdivides land
- Implied by necessity: land is landlocked
- Prescription: one uses the land OPENLY, NOTORIOUSLY, CONTINUOUSLY, and WITHOUT PERMISSION from the owner for the statutory period of time
4
Q
Easements: Transfer
A
- The dominant estate passes automatically
- Servient estate passes only if the new owner has notice of the easement
5
Q
Easements: Use
A
Reasonable development is permitted but the easement must be used for its original purpose
6
Q
Easement: Termination
A
- Merger: if one owns the dominant and servient estate, the easement ends
- Release: a signed writing
- Abandonment: act + intent to abandon —– mere nonuse is not enough to abandon an easement
- Estoppel: statement by the dominant estate holder and reliance by the servient estate holder
- Prescription: the easement is blocked for the statutory period
- End of necessity: applies only when there was an easement for necessity
7
Q
Licenses
A
- mere privilege to enter another’s land for some purpose — NOT an interest in land
- can be created orally
- revocable at will unless coupled w/ an interest or reliance
- cannot be transferred
8
Q
Profits
A
Right to go onto land and take a resource away (ex. wood, coal, etc.)
- no misuse that overly burdens the servient land allowed!!!
