Rights in Real Property Flashcards
What are the elements of a real covenant?
For the burden to run, the covenant must be in writing, have intent to run, touch and concern the land, have horizontal and vertical privity, and there must be notice. For the benefit to run, the covenant must be in writing, there must be intent to run, it must touch and concern the land, there must be limited vertical privity.
If one is seeking to enforce a real covenant, what can they sue for?
Real covenants are enforceable by money damages.
What are the elements of an equitable servitude?
The covenant is in writing, it must have intent to run, it must touch and concern the land, there must be notice.
What is a covenant?
A covenant is a promise between parties to do or not do something on land.
What is an equitable servitude?
An equitable servitude is a covenant enforced against the purchaser that is enforced by an injunction.
What is an easement appurtenant?
An easement that benefits an easement holder’s land, it benefits and burden automatically transfer with the land.
What is an easement in gross?
An easement that benefits the easement holder personally, the burden automatically transfers when the land is conveyed.
What is an affirmative easement?
Allows easement holder to do something on the servient estate
What is a negative easement?
Restricts the servient estate holder to do something on the servient estate.
How can you create an easement?
By express writing, by an irrevocable license, implied, or by prescription.
What is a dominant estate?
The land benefitting from the easement
What is a servient estate?
The land burdened by the easement
What is a concurrent estate?
A concurrent estate is when two or more persons own real property at the same time.
What are the rights and duties of cotenants?
Possess and enjoy the entire property, receive proportionate shares of net profits from removal of natural resources, and receive pro rate shares of rent from third parties.
What are the duties of cotenants?
Pay proportionate shares of expenses that may give rise to a lien, contribute to repair or improvement costs, but only upon agreement.
