Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Real Property > Servitudes > Flashcards

Servitudes Flashcards

1
Q

Easement - Definition

A

A non-possessory property interest that confers a right to use another’s land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Easement - Easement Appurtenant

A

Entitles a dominant estate owner to use a servient estate’s land
- Attaches to the dominant estate and passes automatically (even if not mentioned in a conveyance)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Easement - In Gross

A

Entitles an individual or entity (not a dominant landowner) to use the servient estate

  • Attaches only to servient estate; there is no dominant estate
  • e.g. right to place a billboard on another’s lot, right to run utility line across land, right to fish in another’s pond
  • Similar to license, but irrevocable; may be transferred
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Easement - Affirmative

A

Entitles its holder to make affirmative use of the servient estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Easement - Negative

A

Entitles its holder to restrict the servient estate from otherwise permissible activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Easement - Creation

A

Easements may be created by prescription, implication, necessity, or expressly by grant or reservation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Scope of Easements - Definition

A

An easement’s scope is determined by the terms or conditions that created it

  • In interpreting an easement’s scope, courts will consider the reasonable intent of the original parties
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Scope of Easements - Expansion

A

Easement holders cannot unilaterally expand the scope of their easement (e.g. through overuse or misuse)

  • Overuse or misuse of an easement does not terminate the easment
  • Remedy for violation = injunction or damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Scope of Easements - Duty to Repair

A

Easement holder has a duty to make repairs if he is the sole use

If both the servient landowner and the easement holder use an easement, the repair costs are apportioned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Express Easement - 2 Ways to Create

A

1) Grant or
2) Reservation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Express Easement - Grant

A

An express grant of the easement

  • Created by instrument (e.g., written agreement) in which the servient estate owner gives easement to owner of dominant estate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Express Easement - Reservation

A

Grantor conveys title to land but reserves the right to continue using the land for a designated purpose

  • Grantor may only reserve an easement for himself (void if reserved for the benefit of another)

e.g. - O conveys property to A, reserving an easement allowing access to a path across the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Express Easement - Requirements (2)

A

EEs must be:

1) In writing (otherwise will violate SoF); and

2) Signed by the servient estate holder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Easement by Prescription - Definition

A

A process of acquiring an easement; similar to acquiring title by adverse possession

Note: An easement can also be terminated by prescription if the servient landowner interferes with the easement sufficiently to satisfy the above requirements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Easement by Prescription - Requirements (4)

A

Acquirer’s use of another’s land must be:

1) Continuous: For the applicable statutory period

2) Open and Notorious: Owner knows or should know of use

3) Actual

4) Hostile: Without owner’s permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Easement by Implication - Definition

A

An easement legally implied based on prior use by a common grantor on land subsequently divided into multiple plots

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Easement by Implication - Requirements (4)

A

1) Easement exists prior to division of a single tract of land;

2) Common grantor’s use is continuous and apparent;

3) Use is reasonably necessary for enjoyment of the dominant tenement; and

4) Parties intended the use to continue after division of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Easement by Implication - Exceptions (2)

A

Easement may be implied without prior use where:

1) Subdivision Plat: Lots in a subdivision are sold with reference to a map plan, or

2) Profit a prendre: Holder of a profit a prendre has an implied easement to pass over the land’s surface as reasonably necessary to extract materials (e.g., wood, coal)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Easement By Necessity - Definition

A

An easment can arise if access to or from a property is impossible without the easement (i.e. the easment’s existence becomes necessary)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Easement By Necessity - Creation

A

Usually arises when a landowner sells a portion of her property and the resulting division deprives one lot owner of access to a public road or utility

  • The owner of the servient estate can choose a reasonable location for the easement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Easement By Necessity - Termination

A

Expires automatically when the necessity ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Negative Easements - Definitions

A

Entitles the holder to prevent the servient landowner from engaging in otherwise permissible actions on his own land

Note: Restrictive covenants are utilized more frequently than negative easements to prevent a landowner from engaging in certain activities on their land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Negative Easements - Four Categories of Acts May be Permitted

A

1) Light
2) Air
3) Subjacent or Lateral Support
4) Stream of Water from an Artificial Flow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Negative Easements - Creation

A

Can only be created by express grant (writing signed by grantor)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Termination of Easements - Anagram
DAMPENER
26
Termination of Easements - (8)
1) Destruction 2) Abandonment 3) Merger 4) Prescription 5) Estoppel 6) Necessity Ends 7) Expiration 8) Release
27
Termination of Easements - Destruction of Servienet Tenement
Unless destruction results from wilful conduct of the servient owner
28
Termination of Easements - Abandonment
Easement is terminated if its holder physically demonstrates an intent to permanently abandon it - mere words or non-use are insufficient
29
Termination of Easements - Merger
Easement terminates automatically if one person acquires title of both the easement and the servient land - re-dividing the merged title will not revive easement
30
Termination of Easements - Prescription
Servient owner may extinguish an easement by interfering with it using elements of adverse possession
31
Termination of Easements - Estoppel
Where servient owner reasonably relies on an easement holder's conduct or representations indicating an intent to abandon the easement; non-use is insufficient
32
Termination of Easements - Necessity Ends
Easements by necessity expire when the need that created them ends
33
Termination of Easements - Expiration
If easement was established for a set term, or to expire upon stated conditions, expiration of the term or occurrence of the stated conditions will terminate easement
34
Licenses - Definition
A right to use another person's (licensor's) land, which is revocable at the licensor's will - e.g. oral permission for neighbor to use licensor's pool, theater tickets (grant a license to ticket holders), right to use a parking lot
35
Licenses - Interest in Land?
Not an interest in land; a privilege
36
Licenses - Revocable?
Yes at any time unless estoppel applies
37
Licenses - Alienable?
Inalienable - may not be assigned or transferred Any attempt to do so revokes
38
Licenses - SoF Requirement?
No; can be oral or written; can result from easements that are invalid under SoF
39
Profit - Definition
A non-possessory property interest entitling its holder to enter a servient estate to remove resources (e.g. minerals, timber, soil, fish) All rules governing easements apply to profits (i.e. creation, transferability, and termination)
40
Profit - Extinguishment
A profit may be extinguished through misuse or overuse of resources on the servient estate
41
Covenants - Definition
A promise to do or refrain from doing something related to land - A contractual limitation or promise regarding land Note: Covs are NOT property interests
42
Covenants - Real Covenants
A covenant concerning real property Runs WITH the land at law: subsequent owners may be burdened by the covenant or may enforce it
43
Covenants - Affirmative Covenant
A promise to do something related to land
44
Covenants - Restrictive Covenant
A promise to refrain from doing something related to land
45
Covenants - Termination (3)
Can occur by a) Written release b) Merger of benefited and burdened estate, or c) Condemnation of burdened property
46
Covenants - Covs v. Equitable Servitudes
Difference is the remedy Cov: Money Damages ES: Injunction
47
Requirements For Burdens of Covenant to Run with Land - Acronym
WITH-N Writing Intent Touches and Concerns the Land Horizontal and Vertical Privity Notice
48
Requirements For Burdens of Covenant to Run with Land - Writing
Original Cov was in writing
49
Requirements For Burdens of Covenant to Run with Land - Intent
Parties intended to bind successors in interest - Look to language of the cov; courts are liberal in construing requisite intent
50
Requirements For Burdens of Covenant to Run with Land - Touches and Concerns the Land
Cov must affect parties' legal relations as landowners (very low standard) - Homeowner association fees satisfy this requirement
51
Requirements For Burdens of Covenant to Run with Land - Horizontal and Vertical Privity
H: Relationship between the covenanting parties (e.g. grantor/grantee, L/t, fee ownership/easement right in same land, mortgagor/mortgagee) V: Relationship between covenanting parties and their successors in interest (e.g. contract, devise, descent)
52
Requirements For Burdens of Covenant to Run with Land - Notice
Successor in interest had notice of the covenant when she took her interest
53
Requirements for Benefits of Covenant to Run with Land - Acronym
WIT-V Writing Intent Touches and Concerns the Land Vertical Privity
54
Requirements for Benefits of Covenant to Run with Land - Writing
Original Covenant was in writing
55
Requirements for Benefits of Covenant to Run with Land - Intent
Original parties intended benefit to run with land - look to language of the covenant; courts are liberal in construing requisite intent
56
Requirements for Benefits of Covenant to Run with Land - Touches and Concerns the Land
The covenant must affect parties' legal relations as landowners (very low standard)
57
Requirements for Benefits of Covenant to Run with Land - Vertical Privity
Successors in interest are in vertical privity with the original covenanting parties (e.g. through contract, devise, or descent - Horizontal not required in a majority of states
58
Equitable Servitudes - Definition
ESs are covenants enforced in equity against successors through injunctive relief (i.e. injunction is the remedy) - i.e. a cov that will be enforced against successors of the burdened land who have notice of the cov - Privity is not required to bind successors
59
Equitable Servitudes - Creation Requirements (4)
1) Writing: written promise 2) Intent: OG parties must intend to bind successors 3) Touches and Concerns the Land 4) Notice: Successors of the burdened land had notice - Notice not required for benefit to run
60
Equitable Servitudes - Written Exception
Reciprocal servitudes may be implied from a common scheme for development of a residential subdivision
61
Equitable Servitudes - Defense to Enforcement (5)
A court will not enforce an equitable servitude if any of the following exists 1) Pervasive changes in the neighborhood 2) Estoppel 3) Acquiescence 4) Unclean hands 5) Laches
62
Reciprocal Negative Servitudes - Definition
If land is subdivided into parcels under a common development scheme, with only some parcels having negative servitudes, these restrictions may be impliedly binding against all subdivided parcels - Allows lot owners to enforce restrictions on the use of property against other subdivision lot owners (enforced through injunction) Note: Usuallly arises on exam where an owner divides land into smaller lots to create a common development scheme/subdivisions AKA "reciprocal negative easement" or "implied reciprocal servitude"
63
Reciprocal Negative Servitudes - 2 Ways to Create through Implication
1) Common Scheme 2) Notice
64
Reciprocal Negative Servitudes - Common Scheme
Developer evidenced intent to create a negative servitude under a common scheme for all subdivided parcels CS may be evidence through: a) recorded plat b) General Patttern of Restrictions, and/or c) Oral Representations to early buyers
65
Reciprocal Negative Servitudes - Notice
Owner of the subject lot has notice of the restriction in the deeds of other subdivision lots - 3 Types of Notice

Real Property (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions