Easements, Covenants, and Servitudes

Question 1

Express Easement

Answer 1

created by the parties in a writing that complies with the Statute of Frauds

Question 2

Easement by Necessity

Answer 2

created when the dominant property is useless without the benefit of an easement across the neighboring servient property

Question 3

Easement by Implication

Answer 3

created when the owner of two parcels used one to benefit the other and the parties intended the easement to continue upon the sale of the dominant parcel

Question 4

Easement by Prescription

Answer 4

obtained like adverse possession

Question 5

Transfer of Easement

Answer 5

An easement appurtenant will usually continue after land is transferred.

Question 6

Enforceability of Easement

Abandonment

Answer 6

Occurs when the owner of the easement acts affirmatively to show a clear intent to relinquish the easement

Question 7

Enforceability of Easement

Merger

Answer 7

Occurs when the owner of the easement becomes the owner of the servient estate in addition to the dominant estate.

Question 8

Enforceability of Easement

Sale of a Bona Fide Purchaser

Answer 8

If a written easement has been granted but not recorded, it is not enforceable against a bona fide purchaser

Question 9

Requirements for Covenant to “Run with the Land”

Answer 9

In order for the benefit of a covenant to run with the land, there must be a writing, intent, touch and concern, and vertical privity.

In order for the burden of a covenant to run with the land, there must be a writing, intent, touch and concern, notice to the burdened party, horizontal privity, and vertical privity.

Question 10

Horizontal Privity

Answer 10

The original parties must have shared some interest other than the promise, such as grantor-grantee.

Question 11

Vertical Privity

Answer 11

Concerns the relationship between the original party and the successor party