Easements/ covenants/ ADVERSE possession Flashcards Preview

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Flashcards in Easements/ covenants/ ADVERSE possession Deck (104)
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1

easement def

the grant of nonpossessory property interest that entitles its holder to some form of use or enjoyment of another's land called
SERVIENT TENEMENT

2

common ex of easements

1) privilege to lay utility lines on anothers land
2) easement giving its holder the right to access across a tract of land

3

what are the 2 types of easements

1) affirmative
2) negative

4

affirmative easements (most commonly)

right to do something on servient land

5

negative easements

entitles its holder to prevent the servient landowner from doing something that would otherwise be permissible

6

what are the 4 negative easements (LASS)

1) LIGHT
2) AIR
3) SUPPORT
4) STREAM of water from an artificial flow
(5) minority: right to scenic view

7

how MUST negative easements be created

EXPRESSLY IN WRITING SIGNED BY GRANTOR

8

is there a natural or automatic right to negative easement

NO must be granted expressly in writing signed by grantor

9

what is easement in appurtenant

IT TAKES 2
when it benefits its holder in his physical use or enjoyment of his property.

10

how to know when it is an easement in appurtenant

IT TAKES 2 PARCELS

11

who gets benefit in easement in appurtenant

dominant tenament

12

who gets burden in easement in appurtenant

servient tenement

13

what is an easement in gross

confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land.
- servient land is burdened but no benefited or dominant tenement

14

when will you know if it is an easement in gross

ONLY 1 land

15

common examples of an easement in gross

1) right to place billboard on anothers lot
2) right to swim in anothers pond
3) right to lay power lines on anothers land
- servient land is burdened but no dominant tenement

16

does an appurtenant easement pass AUTOMATICALLY with the dominant tenement

YES
regardless of w/e it is even mentioned in the conveyance

17

does the burden of the easement appurtenant also pass automatically with the servient estate

YES
X/C if the new owner is a BFP w/o notice

18

is an easement in gross transferable

generally no

19

x/c when an easement in gross is transferable

commercial purposes

20

how to create an AFFIRMATIVE EASEMENT (PING)

1) PERSCRIPTION (adverse possession)
2) IMPLICATION
3) NECESSITY
4) GRANT

21

how to create an affirmative easement by grant

over one year must be in writing that complies with the formal elements of a deed
- SOF
writing to be evidence the easement is called "deed of easement"

22

how to create an affirmative easement by IMPLICATION (also known as easement implied from existing use)

1) the previous use was apparent and
2) the parties expected it would continue b/c it is reasonably necessary to dominant lands use and enjoyment

23

how to create an affirmative easement by NECESSITY

the landlocked setting. An easement of right of way will be implied by necessity if grantor conveys a portion of his land
1) with no way out
x/c over part of grantors remaining land

24

how to create an affirmative easement by PRESCRIPTION (adverse possession) (COAH)

an easement may be acquired by satisfying the elements of adverse possession
1) CONTINUOUS USE for statutory period
2) OPEN AND NOTOROIUS
3) ACTUAL USE that need not be exclusive
4) HOSTILE use, w/o servient owners consent

25

what is SOL for adverse possession in IL

20 years

26

does permission defeat the acquisition of an easement by prescription

YES b/c needs to be hostile

27

how is the scope of the easement determined by

by terms that created it

28

can one party unilaterally expand the use of easement

NO. unilateral expansion is NOT ALLOWED

29

how to terminate an easement (END CRAMP)

1) ESTOPPEL
2) NECESSITY
3) DESTRUCTION OF THE SERVIENT LAND
4) CONDEMNATION OF THE SERVIENT ESTATE
5) RELEASE
6) ABANDONMENT
7) MERGER
8) PRESCRIPTION

30

how to end an easement with ESTOPPEL

here, servient owner materially changes his or her position in a reasonable reliance on the easement holder's assurances that the easement WILL NOT BE ENFORCED
1) some CONDUCT OR ASSERTION by the owner of easement ,
2) a REASONABLE RELIANCE by the owner of the servient tenement,
3) coupled with a CHANGE OF POSITION