Rights In Others Land

Question 1

Easements

Answer 1

An easement is permission for a person to use another’s property. The easement holder has a right / duty to maintain the easement.

Four types: Implication, Necessity, Expressed, prescription.

Question 2

Easements Duty to Maintain

Answer 2

1. The owner of Easement has a right and duty to maintain it.
2. If shared easement right is reciprocal to other users.
3. owners have right to contribution from other users after: (a) adequate notice and (b) opportunity to participate in decision of repair.

Question 3

Real Covenant

Answer 3

For a burden to run with the land the following are required.

(1) Writing that meets SoF
(2) intent for it to run with land.
(3) Touch and concern land
(4) Horizontal and vertical privity
(5) Notice