Rights in the land of another- covenants easements profits and servitude

Question 1

easement appurtenant

Answer 1

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

Question 2

creation of easements

Answer 2

express grant
reservation
implication
prescription

Question 3

Easement by implication

Answer 3

easement implied from existing use
1 prior to the division of the single tract
2 an apparent and continuous use exists on servient land
3 that is reasonably necessary for the enjoyment of the dominant part
4 the court determines that the parties intended the use to continue after the division of the land
easement implied without any existing use - subdivision and profit a prendre
easement by necessity

Question 4

easement by necessity

Answer 4

when a landowner sells a portion of his tract and by this division deprives one lot of access to a public road or utility line. The owner of the servient parcel has the right to locate the easement

Question 5

prescription

Answer 5

like adverse possession
open and notorious (discover able upon inspection)
adverse
continuous and uninterrupted
statutory period
not on public land

Question 6

overuse or misuse

Answer 6

does not terminate easement servient holder brings injunction against misuse

Question 7

covenant

Answer 7

normally found in a deed, is a written promise to do something on the land or a promise not to do something on the land. run with the land at law, which means that subsequent owners may enforce or be burdened by the covenants.

Question 8

requirements for burden to run with land for covenant

Answer 8

1. Intent
2. notice
3. horizontal privity (shared interest in land, apart from the covenant by original covenanting parties)
4. vertical privity (successor in interest to the covenanting party must hold the entire durational interest held by the covenantor at the time he made covenant)
5. touch and concern - if the promise benefits the covenantee and her successorsin their use and enjoyment on the land.

Question 9

equitable servitudes

Answer 9

a covenant that equity will enforce against the assignees of the burdened land who has notice of the covenant, regardless of notice, through injunction.

Question 10

requirements for equitable servitude for burden and benefit to run

Answer 10

burden
- parties intended that servitude be enforceable
-the successor has actual inquiry or record notice
- the covenant touches and concerns the land
benefit
- intent
-touches and concerns.

Question 11

requirements for benefit to run with land for covenant

Answer 11

intent
vertical privity
touch and concern