Rights in the Land of Another

Question 1

Easement Appurtenant

Answer 1

benefits the holder in his physical use or enjoyment of another tract of land.

2 parcels

benefit: transfers, regardless of if it is mentioned in the conveyance.
burden: passes unless the new ownr is a BFP without notice of easement

Question 2

A has an easement entitling her to cut across B’s lawn to get more easily on her land. An easement appurtenant. A’s land is dominant, B’s land is servient. A sells her parcel to Mr. X with no mention of the easement. Mr. X envoys the easement because it passes automatically with the land

Answer 2

easement appurtenant

Question 3

Easement in gros

Answer 3

Easement benefits holder, not a parcel

Not transferrable unless it is for commercial purposes

ie. Starkist has an easement to use B’s lake to fish for bait for the tuna company. This is an easement in gross and is transferrable because it is commercial.

Question 4

creation of affirmative easement

Answer 4

PING

Prescription: acquired by AP

Implication: (1) previous use was apparent and (2) parties expected that it would continue because it is reasonably necessary to dominant land’s use and enjoyment

Necessity: implied by necessity if grantor conveys a portion of his land with no way out

Grant: must be in writing an signe by holder of servient parcel, unless it is less than one year and doesnt need to abide by SOF. must comply with formal requirements of a deed - “deed of easement”

Question 5

Scop of easement

Answer 5

set by the terms that created it

but if dominant parcel subdivided, lot owners will not succeed to it if it would be unreasoanble bad for servient estate

Question 6

Over use or misuse of easement

Answer 6

does not terminate it

servient estate should get an injunction against misuse

Question 7

Repair

Answer 7

should be done by easement holder,unless both parties are using it then the ct will apportion costs

Question 8

Termintation of Easemetn

Answer 8

END CRAMP

Estoppel (servient owner materially changed her position in reasonable reliance that easement wouldn’t be used)

Necessity (easement of necessity expire when need ends)

Destruction (of servient land, other than by serivent owner)

Condemnation of servient estate by eminent domain

Release (written, from easement holder to servient)

Abandonment (easement holder must demonstrate physical actoin and the intent never to use the easement again)

Merger (unity of ownership)

Prescription (Servient estate may interrupt AP)

Question 9

License

Answer 9

failed attempt to create an easement results in license

license - privilage, revocable at will, inalienable (not revocable if estoppel applies bc licensee has invested substantial money or labor in reliance), not subject to SOF (no writing)

classic: tickets, neighbors talking by fence

Question 10

Profit

Answer 10

entitle holder of benefit to take resrouces (soil, timber, materials, fish) from servient esate)

all rules of creation, alienation, termination of easements are appliable

may be exinguished by over use

Question 11

affirmative and negative covenants

Answer 11

written promise to do something on the land or not do something

runs with the land

affirmative: promise to do something to the land
negative: promise to refrain from doing something

Question 12

P seeks money damages

Answer 12

Construe at law as covenant

Question 13

P seeks injunction

Answer 13

construe in equity as equitable servitudee

Question 14

Does the Burden Run?

Answer 14

WITHN

Writing

Intent

Toch and Cocern the Land

Horizontal and Vertial Privity

Notice

Question 15

Does the Benefit Run?

Answer 15

WiTV

Writing

Intent

Touch and Concern

Vertical Privity

Question 16

Vertical Privity

Answer 16

non hostile nexus between seller and buyer

only time it is absent: AP

Question 17

Horizontal Privity

Answer 17

Succession of estate between buyer and seller: grantor grantee, mortgagor mortgagee, L T.

This is often absent!!!

Absence is reason burden will not run

Question 18

Notice

Answer 18

Subsequent purchasers for value must have had actual, inquiry or record notice.

Notice will only protect purchasers for value - someone who does not give value may be bound by a covenant at law (not equity) even if he has no actualor constructive notice of the covenant.

Question 19

Termination of Covenant

Answer 19

written release

merger of benefited and burdened estates

condemnation of burdened property

Question 20

Equitable Servitude

Answer 20

promise that equity will enforce against successors

injunctive relief

Question 21

Creation of equtiabl servitude

Answer 21

WITNES

Writing (usualy required, unless by implication)

Intent

Touch and Concern the Land

Notice

Question 22

Implied Equitable Servitude

Answer 22

Tested with subdivisions

Created if Common Scheme Doctrine applies:

1. when the sale began, the subdivider had a general scheme of residential development which included D’s lot
2. D had notice of promise contained in prior deeds.

Question 23

Equitable Defenses to Equitable Servitude

Answer 23

changed condition, laches, estoppel