Servitudes

Question 1

Servitudes Definition

Answer 1

Interest that someone has in real property of another giving right to use, or affect use, without owning the land. (Benefit/burden)

Question 2

Dominant Estate/Tenant

Answer 2

Parcel/Person who enjoys the benefit of the servitude

Question 3

Servient Estate/Tenant

Answer 3

Parcel that bears the burden of the servitude. Serves the interest of the Dominant estate/tenant.

Question 4

Appurtenant Definition

Answer 4

If the servitude is in a particular parcel of land

Question 5

In Gross definition

Answer 5

If the servitude is in a person and not tied to the land.

Question 6

Five Categories of Servitudes

Answer 6

License, Profit/Profit a Prendre), Easements, Covenants, and Equitable Servitudes.

Question 7

License

Answer 7

A revocable nonpossessory right to use the property of another for a limited purpose and usually for a limited time.

Question 8

Profit/Profit a Prendre

Answer 8

Right to come onto the servant estate and remove some product of the land.

Question 9

Easements

Answer 9

A permanent, nonpossessory right to use the servant estate for some purpose.

Question 10

Covenant

Answer 10

An agreement arising out of a K related to land that binds not only the original parties to the K, but subsequent owners of the affected parcel as well.

Question 11

Equitable Servitudes

Answer 11

Special kind of servitude that a court exercising “equitable” powers imposes because the circumstances require the servitude in order to do justice.