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Property > Rights in Land of Another > Flashcards

Rights in Land of Another Flashcards

1
Q

What are the 5 types of servitudes?

A
  1. Easements
  2. Licenses
  3. Profits
  4. Real covenants
  5. Equitable Servitude
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2
Q

Define easement

A

An easement is a nonpossessory interest in land that grants its holder to some limited use of enjoyment in the land of another

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3
Q

In an easement, what is the name of the other’s land that the easement holder is granted use to?

A

Servient Tenement

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4
Q

What are some examples of an easement?

A

Right to cross across neighbors land
Right to water cattle at a pond
Right to lay power lines

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5
Q

What are the 2 types of easements?

A

Affirmative

Negative

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6
Q

What is an affirmative easement?

A

An affirmative easement allows a person to use the servient estate in a specified manner.

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7
Q

Are most easements affirmative or negative?

A

Affirmative

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8
Q

What is a negative easement?

A

A negative easement entitles its holder to compel the servient owner to refrain from doing something that they are normally able to do, but for the negative easement.

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9
Q

What are the 4 types of negative easements? (LASS)

A
  1. Light
  2. Air
  3. Support
  4. Stream water from an artificial flow
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10
Q

How is a negative easement created?

A

A negative easement can only be created expressly.

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11
Q

A negative easement must be _____ for

A

bartered

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12
Q

A negative easement must be reduced to a _____

A

signed writing

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13
Q

What is an easement appurtenant?

A

An easement appurtenant benefits the holder of the easement in the physical use and enjoyment of his own property

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14
Q

How many parcels must be involved in an easement appurtenant?

A

2, the dominant and servient land

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15
Q

Define dominant tenenement

A

A dominant tenement benefits from the easement

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16
Q

Define servient tenenment

A

A servient tenement bears the burden of the easement

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17
Q

What is an easement in gross?

A

The easement in gross grants the holder a personal, financial, or commercial gain, rather than to benefit land or a landowner.

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18
Q

How many parcels must be involved in an easement in gross?

A

1, the servient land

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19
Q

What are some examples of an easement in gross?

A

Right to place a billboard on another lot
Right to swim in another pond
Right to lay power lines

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20
Q

What is the key distinguishing factor in an easement in gross vs. easement appurtenant?

A

Servient land is burdened but there is no dominant tenement

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21
Q

True/False: The benefit of an easement appurtenant passes automatically with the dominant tenement

A

True

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22
Q

True/False: The burden of an easement appurtenant passes automatically with the Servient tenement

A

True

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23
Q

When are easements in gross transferrable?

A

Only when it is used for commercial purposes

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24
Q

How is the scope of an easement set?

A

The scope of an easement is set by the terms or conditions that created it

25
Q

What are the 4 ways to create an affirmative easement?

PING

A

Prescription
Implication
Necessity
Grant

26
Q

Define implication

A

An easement implied by prior use

27
Q

Define grant

A

An easement to endure for more than 1 year must be in writing that complies with the formal elements of a deed

28
Q

Define easement implied by prior use

A

An easement may be implied from PRIOR USE if one party has used a part of his property to benefit another part, later divides the property, and at the time of division, the use is 1. apparent, 2. reasonably necessary to the enjoyment of the dominant estate, and 3. continuous thereafter.

29
Q

Define easement implied by necessity

A

An easement may be implied from necessity if one party owns land and later divides it in such a way that a parcel becomes landlocked — lacks access to a public road. An easement for access is then implied across the property owned (or formerly owned) by the grantor, connecting the landlocked parcel and a public road. Necessity is strictly construed and these easements are rare.

30
Q

Define easement by prescription

A

An easement by prescription occurs when a use is not permissive, continues for the relevant limitations period, and is conducted with the elements of adverse possession.

31
Q

Define covenant

A

A covenant is a promise to use or not use one’s own land in a certain way.

32
Q

When damages are sought for enforcement of a covenant by or against a successor in interest, the covenant is called a _____

A

Real covenent

33
Q

When an injunction is sought for enforcement of a covenant by or against successors in interest, the covenant is called an _____

A

Equitabie servitude

34
Q

How are real covenants created?

A

Real covenants can only be created by an enforceable written contract.

35
Q

When contracting a real covenant, what must the original contracting parties intend?

A

The original contracting parties must intend that the burden and benefit of the restriction bind their successors in interest, and the substance of the covenant must “touch and concern” land use, rather than affect merely personal rights.

36
Q

What is the GR for enforcement of an equitable servitude?

A

Generally, an equitable servitude may not be enforced against a successor by someone who does not own land benefited by the restriction.

37
Q

What are the 5 circumstances where real covenants and equitable servitudes are unenforceable?

A

illegal or unconscionable
impair fundamental rights
impose unreasonable restraints on alienation
violate public policy

38
Q

What are the 3 ways real covenants and equitable servitudes can be terminated?

A

Real covenants and equitable servitudes may be terminated by agreement, merger, or changed circumstances that strip all benefits from the restriction.

39
Q

What are the 9 ways an easement can be terminated?

A

Abandonment (doesnt apply to express esments)
Lapse
Cessation of Purpose

40
Q

If the interest one holds is the right to use another’s land, this is called an ____

A

Easement

41
Q

If the interest conveyed is a limited area for a limited purpose, especially if there are no defined boundaries, what was likely intended to be conveyed?

A

An Easement

42
Q

Every easement must either be ____ or ____

A

Appurtenant or in gross

43
Q

Is an easement that is not attached to any parcel of land appurtenant or in gross?

A

In gross

44
Q

What kind of benefit is derived from an easement in gross?

A

A personal benefit

45
Q

Define profit

A

A profit is the right to take (i.e., remove and keep) a natural resource or crop from the land of another.

46
Q

What are some examples of a profit?

A

The rights to take minerals (e.g., sand, gravel, ore), timber, fish, game, or crops.

47
Q

True/False: Profits are freely assignable

A

True

48
Q

Define license

A

A license is simply permission to enter the licensor’s land.

49
Q

What are some examples of a license?

A

Hotel staff, dinner guests, workers at your home or business, and shoppers.

50
Q

True/False: Licenses may be oral or written

A

True

51
Q

Licesnes are revocable at any time unless the licensor makes it irrevocable either ____ or _____

A

Expressly or by his conduct.

52
Q

As a property manner, licenses are presumed _____ at any time, for any reason.

A

revocable

53
Q

What is the main difference between a license and an easement in gross?

A

An easement may not be revoked and continues to bind successors to the servient estate who have notice of it, while a license is revocable and binds only the licensor so long as it remains alive.

54
Q

What are the 3 ways a license is made irrevocable?

A

Intention
Equitable estoppel
License coupled with an interest

55
Q

Define intention re: making a license irrevocable

A

A license is irrevocable if the licensor expressly makes the license irrevocable.

56
Q

Define equitable estoppel re: making a license irrevocable

Holbrook v. Taylor

A

If a licensor grants a license on which the licensee reasonably relies to make substantial improvements to property, equity requires that the licensor be estopped from revoking the license.

57
Q

What is the tradtional rule regarding the duration of irrevocable licenses through equitable estoppel?

A

The traditional rule has been that a license made irrevocable through equitable estoppel continues to exist so long as is needed to prevent unjust enrichment, which generally meant that the license exists until the value of the reliance expenditures has been exhausted.

58
Q

How is horizontal privity established?

A

The L/T or Gr/Grntee have a connection of interest

Define horizontal privity

Property (4 decks)

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