Servitudes - License, Profit, Covenant, Equitable Servitudes Flashcards
The License is
a privilege to enter another’s land for a delineated purpose.
Licenses are not subject to S/F, thus
a writing is not needed to create a license.
Licenses are freely revocable at the will of
the licensor, unless estoppel applies.
Classic example of license
Sport Tickets
The Profit
entitles its holder to enter the servient land and take from it the soil, or some substance of the soil.
The Profit shares the rules of
Easements
The Covenant is
a promise to do or not do something related to land. It is different from an easement because it is not a grant of interest, but rather a limitation regarding land.
Covenants that are negative are known as
Restrictive Covenants.
How to distinguish between Covenant and Equitable Servitude:
By looking to the remedy sought. When plaintiff wants money, it is a covenant. When plaintiff wants injunction, it is an equitable servitude.
In order for a BURDEN by covenant to run with the land and bind successors, requires these elements:
1) Writing - Original promise was in writing
2) Intent - Original parties intended covenant would run
3) Touch and Concern the Land
4) Horizontal AND Vertical privity
5) Notice
In order for BENEFIT to run need:
1) Writing
2) Intent
3) Touch and Concern
4) Vertical Privity (but NOT horizontal)
Horizontal Privity refers to
the nexus between the original parties to agreement/covenant.
Vertical Privity refers to
the nexus between an original party and a transferee/successor.
An Equitable Servitude is
a promise that equity will enforce against successors. It is accompanied by injunctive relief.
To create an equitable servitude that will bind successors need:
1) Writing
2) Intent
3) Touch and Concern
4) Notice
