Rights in Land Flashcards
Easements
(a) The right to use some else’s land and do something
2) Creation of an Easement
Writing
By Prescription
(a) By Implication
(b) By Necessity
(b) By Prescription
(i) Looks like adverse possession, except no title, no exclusive use
(c) By Implication
(i) Implied from prior use; even if the property is sold
(d) By Necessity
(i) To get to the only road if the property is land-locked
Easement - Time
(a) Easement will last forever unless terminated
How to Terminate Easement
(i) Agreement
(ii) Time
Merger
Abandonment
Easement Abandonment
- Leave AND
- Express Intention not to return
Easement Termination (2)
ENDCRAMP
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Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
(a) Prescription
(a) Estoppel - Easement
(i) Oral stop of use of Easement + abandonment of use
(b) Necessity - Easement
(i) Easement created by Necessity cease to exist as soon as the necessity to use it ends
(c) Destruction - Easement
(i) Destruction of the servient land, other than by willful destruction by the servient landowner, will terminate the easement
(d) Condemnation - Easement
(i) Condemnation of servient land by Gov, will end the easement
(e) Release - Easement
(i) Release by the easement holder to the servient land owner
(f) Abandonment Easement
(i) easement holder must show, by physical action an intent to never use the easement again
(g) Merger - Easement
(i) merger of servient and dominant property
(h) Prescription
(i) looks like adverse possession, except no title, no exclusive use
(a) Covenant
(i) Promise for Promise
(ii) Always created in WRITING
(iii) Generally Lasts FOREVER
(b) A Covenant “Runs With The Land” if;
(i) Writing
(ii) Intent
(iii) Notice
(iv) Privity
(v) Touch and Concerns the Land
B) Equitable Servitudes
(a) Looks like a restrictive Covenant
(b) Seek equitable relief: Injection
2) Implied Reciprocal Servitude
(a) 50 or 100 lots
(b) Gated Communities
(c) Keeps going unless a change in the character of the area
(d) Common Scheme and Notice
C) Licenses
(a) Right to enter
(b) Freely revocable by Grantor
(c) UNLESS coupled with interest
D) Profit
(a) A right to enter the land and take something off the land
(i) Mining
(ii) Hunting
(iii) Drilling
