Servitudes Flashcards
Easements, Covenants, etc.
What is a Real Covenant?
A real covenant is an express promise to do or not do something on land that can be enforced by money damages.
What is an Easement?
An easement is a non-possessory interest to use another’s land.
What is an Easement Appurtenant?
An easement appurtenant arises when there are two parcels of land, one dominant or benefitted by the easement, and the other servient or subject to the easement.
When may an Easement be terminated by Merger?
An easement may be terminated by merger when the dominant and servient estates are owned by the same person.
How is an Easement by Implication created?
An easement by implication arises when a use (1) existed on the land prior to division, (2) was apparent and continuous, (3) is reasonably necessary for enjoyment of the dominant estate, and (4) the parties intended the use to continue after division.
In evaluating reasonable necessity, courts look at factors including the difficulty of possible alternatives.
