Servitudes Flashcards
Easement
Non-possessory right to use land
Affirmative Easement
right to do something on another’s land
Negative Easement
right to prevent someone else from doing
something on their own land
Dominant Estate
Land benefited by easement
Servient Estate:
Land burdened by easement
Appurtenant
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.
In Gross
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
Express Easement
Created by express grant; must satisfy SOF because it creates an interest in land
Easement by Estoppel
License (i.e., use permission) that become irrevocable because of detrimental reliance
Easement by Prescription
Effectively created by adverse possession for statutory period; does not require “exclusive” use like adverse possession
Easement by Necessity
Arise after a larger parcel is subdivided to grant a landlocked parcel necessary access to public roads
Implied Easement (Prior Use)
Landowner uses one side of property to benefit another, severs and sells the burdened portion, and continues the prior use
Real Covenant
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)
Covenant Burden of promise requirements
W-I-T-H-N Writing Intend Touch and concern Horizontal & Vertical Privity Notice
Writing
Promise needs to be in writing (i.e. satisfy SOF)
Intend
Original parties must intend for the promise to bind
successors in interest (i.e., to run with land)
Touch and Concern
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.
Notice
Successors must have notice
Horizontal Privity
a transactional agreement between the original parties making the promise (only required for burden to run with land)
Vertical Privity
a transactional agreement between the previous holder and the successor in interest (required for benefits and burdens)
Equitable Servitude
a promise that equity will enforce against successors. It is accompanied by injunctive relief
Equitable Servitudes burden of promise requirements
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*
