Rights in land

Question 1

Covenants that run with land

Answer 1

PINT: Privity (horizontal and vertical), writing must include Intent language, Notice (actual or constructive), Touch and concern the land

Question 2

Equitable Servitudes

Answer 2

TIN: Touch and concern the land, writing must include Intent language, Notice (actual or constructive)

Question 3

Implied Reciprocal Servitude

Answer 3

Restriction part of common scheme of development + owner takes with notice of restriction

Question 4

How to create Easement

Answer 4

Expressly, Implied by Prior use, Implied by Necessity, Easement by prescription

Question 5

Easement implied by prior use

Answer 5

common ownership, existed at time, use was apparent, use was necessary for enjoyment,

Question 6

Easement implied by necessity

Answer 6

Common ownership and strict necessity

Question 7

How to terminate easement

Answer 7

Destruction of servient estate, merger, written release, abandonment (intent + affirmative act), estoppel, prescription, sold to bona fide purchaser w/out notice, end of necessity

Question 8

regulatory 5A taking

Answer 8

Land-use regulation is a taking if it denies owner all reasonable, economically beneficial use

Question 9

Limitations on nonconforming uses

Answer 9

Cannot be expanded, altered, or rebuilt after destruction