Servitudes

Question 1

Easement

Answer 1

Non-possessory right to use land

Question 2

Affirmative Easement

Answer 2

right to do something on another’s land

Question 3

Negative Easement

Answer 3

right to prevent someone else from doing

something on their own land

Question 4

Dominant Estate

Answer 4

Land benefited by easement

Question 5

Servient Estate:

Answer 5

Land burdened by easement

Question 6

Appurtenant

Answer 6

Easement benefits holder in use of a particular piece of property (2 parcels of land are involved); transferred automatically with the dominant tenement, regardless of whether it is even mentioned in the transfer.

Question 7

In Gross

Answer 7

Easement benefits the holder personally,

regardless of where they live (only 1 parcel of land is involved); not transferable unless it is for commercial purposes

Question 8

Express Easement

Answer 8

Created by express grant; must satisfy SOF because it creates an interest in land

Question 9

Easement by Estoppel

Answer 9

License (i.e., use permission) that become irrevocable because of detrimental reliance

Question 10

Easement by Prescription

Answer 10

Effectively created by adverse possession for statutory period; does not require “exclusive” use like adverse possession

Question 11

Easement by Necessity

Answer 11

Arise after a larger parcel is subdivided to grant a landlocked parcel necessary access to public roads

Question 12

Implied Easement (Prior Use)

Answer 12

Landowner uses one side of property to benefit another, severs and sells the burdened portion, and continues the prior use

Question 13

Real Covenant

Answer 13

A promise to do or to not do something related to land; it is able to bind the successors to the originally contracting or covenanting parties (run w/ the land)

Question 14

Covenant Burden of promise requirements

Answer 14

W-I-T-H-N
Writing
Intend
Touch and concern
Horizontal & Vertical Privity
Notice

Question 15

Writing

Answer 15

Promise needs to be in writing (i.e. satisfy SOF)

Question 16

Intend

Answer 16

Original parties must intend for the promise to bind

successors in interest (i.e., to run with land)

Question 17

Touch and Concern

Answer 17

Promise has to touch and concern land. Meaning that it must affect the parties’ legal relations as landowners, and not simply as members of the public at large. The promise, in other words, must be of and pertaining to land.

Question 18

Notice

Answer 18

Successors must have notice

Question 19

Horizontal Privity

Answer 19

a transactional agreement between the original parties making the promise (only required for burden to run with land)

Question 20

Vertical Privity

Answer 20

a transactional agreement between the previous holder and the successor in interest (required for benefits and burdens)

Question 21

Equitable Servitude

Answer 21

a promise that equity will enforce against successors. It is accompanied by injunctive relief

Question 22

Equitable Servitudes burden of promise requirements

Answer 22

W-I-T-N
W—WRITING 
I—INTENT
T—TOUCH AND CONCERN 
N—NOTICE
*Privity is not required to bind successors to an equitable servitude*