Servitudes Flashcards
Method of Creating Affirmative Easements
P-I-N-G
Prescription (use that is continuous, open and notorious, actual under a claim of right that is hostile for request statutory period)
Implication (implied from prior use; at time land is severed, a use of one party from which it can be inferred than an easement permitting its continuation was intended)
Necessity (division of tract deprives one of means of access out)
Grant (writing signed by grantor)
Negative Easements
L-A-S-S Light Air Support Streamwater Can only be created by writing signed by Grantor.
Burden on Grantor (Real Covenant)
WITHN Writing Intent Touch and concern the land Horizontal and vertical privity Notice
Benefit of the Promise (Real Covenant)
WITV Writing Intent Touch and Concern the land Vertical Privity
Successor Bound (Equitable Servitude)
WITNes Writing Intent Touch and concern land Notice (privity is NOT required)
Reciprocal Negative Servitude (General Scheme Doctrine)
At start of subdividing, grantor had
(i) common scheme and
(ii) unrestricted lot holders had notice (Note: Minority rule will not bind subsequent grantees unless their lots are expressly restricted in writing)
Easement
the grant of a nonposessory property interest that entitles its holders to some form of use or enjoyment of another’s land, called the servient tenament
Notice by implication
- The previous use was apparent and
2. The parties expected it would continue because it is reasonably necessary to the dominant land’s use and enjoyment
Requirements for Adverse Possession
COAH Continuous for statutory period Open and Notorious Actual use Hostile use (without the servient owners consent)
Termination of Easement
END CRAMP Estoppel- servient owner materially changes position in reasonable reliance on the easement holder's assurances that the easement is no longer needed. Necessity ends Destruction of servient land Condemnation of the servient estate Release in writing Abandonment Merger Doctrine Prescription- servient owner may extinguish the easement by interfering with it in accordance with the elements of adverse possession
License
a mere privilege to enter another’s land for some delineated purpose. No writing requirement. Free revocable unless substantial money or labor or both in reasonable reliance on the licensee’s continuation.
Profit
Entitles its holder to enter the servient land and take from it: the soil or some substance of the soil such as minerals, timber or oil.
Covenant
A promise not to do or not to do something related to the land. It is UNLIKE the easement because it is not the grant of a property interest, but rather a contract or promise regarding the land.
Equitable Servitude
a promise that equity will enforce against successors. It is accompanied by injunctive relief.
Elements to create Equitable Servitude
WITN (ES) Writing Intent Touch and Concern Notice PRIVITY is NOT required to bind successors.
