Servitudes Flashcards
Definition of servitudes
refers generically to a family of five nonpossessory interests in land
The five types of servitudes
- the easement,
- the license,
- the profit,
- the covenant, and
- the equitable servitude.
Affirmaitive Easements Method of Creation
PING
- Prescription
- use that i continuous, open and notoriou, actual under a caim of right that is hostile for prerequiite statutory period
- Implication
- Implied from prior use; at time land is severed, a use of one part existed from which it can be inferred that an easement permitting its continuation was intended.
- Necessity
- division of a tract deprives one lot of means of access out
- Grant
- writing signed by the grantor
Affirmative Easements Parties Bound
- Easement Appurtenant is transferred automatically with dominant tenement
- Easement in gross for commercial purposes is assignable
Affirmative Easements Remedy
Injunction or damages.
Negative Easements Method of creation
LASS
- Light
- Air
- Support, and
- Streamwater
Negative Easements Parties Bound
Can be created only by writing signed by grantor.
Negative Easements Remedies
Injunction or damages.
Real Covenants Method of Creation
Writing signed by grantor
Elements to determine when Real Covenant Burden of Promise will run to the successor of the burdened lot
When WITHIN requirements are satisfied
- Writing
- Intent
- Touch & Concern
- Horizontal and Vertical Privity, and
- Notice
Elements to determine when Real Covenant Benefit of Promise will run to the successor of the benefited lot
When WITV requirements are satisfied
- Writing
- Intent
- Touch and Concern
- Vertical Privity
Real Covenants remedy
damages
Equitable Servitudes Method of Creation
Writing signed by grantor (unless implied by General Scheme Doctrine)
Equitable Servitudes Parties Bound
Successors bound if WITN:
- Writing
- Intent
- Touch and concern
- Notice
Privity not required.
Equitable Servitudes remedy
injunction
