Rights in Land Flashcards
Easements
one owner lets another do something on their land
Once an easement is created, it will be legally enforceable by all future grantees, unless legally terminated
Express Easement
easement in writing
Easement by Necessity
Have the right to enter land because it’s necessary because otherwise you’re landlocked
i.e. need access to public road
- terminated once no longer necessary
Easement by Implication
implied by prior use
Prescription Easement
using right of way for statutory period of time and have acquired legal right to use land
Terminating an Easement
Abandonment:
1. Stop exercising the right (non-use alone is not enough); and
2. Express an intent not to return
Merger: the 2 properties are now owned by the same person
Covenants
promise between 2 owners to do or not to do something
- can run with the land – irrespective of the people aka forever – because it “touches & concerns” the land
Look for
1. Intent
2. Touch and concern the land
3. Notice
4. Writing
5. Privity
- Must be in writing
- Remedy = legal damages ($)
Restrictive Covenant
promise not to do something
if covenant breached:
sue for damages
- can also seek an injection = equitable servitude
Equitable Servitude
restriction on use of lands found in subdivision (common plan or scheme), as long as ALL lots have same restriction, it is enforceable
- Aka Implied Reciprocal Servitude or Negative Servitude
- Enforceable against all future Grantees
- Equitable remedies = INJUNCTION
License
permission to enter land of another, but revocable at will by grantor
Profit
You have the right to take something off the land of another
- Can extract something from ground (either under or on top)
- Usually someone is making a profit
