Prop II After Midterm Flashcards
(26 cards)
Appurtenant Easement
Benefits the holder of the dominant land
In Gross Easement
Benefits the person holding the easement - does not transfer with a dominant estate
Express Easement by Grant
Servient owner grants an easement to the dominant owner
Express Easement by Reservation
Dominant land owner grants the servient land to someone but reserves an easement over the servient land
License (compared to an easement)
Informal permission allowing holder to use the land for a particular purpose
Profit (compared to an easement)
A right to enter the land to remove natural resources
Implied Easement by Prior Use Elements
Severance, existing/apparent/continuous use of a parcel, for the benefit of another at the time of severance, and reasonable necessity for that use.
Easement by Necessity Elements
Severance and necessity
Traditional/Strict Necessity Approach for the Necessity Element in Easement by Necessity (minority)
The land must be landlocked - no feasible access to public road
Modern/Reasonable Necessity Approach for the Necessity Element in Easement by Necessity (majority)
Must be convenient or beneficial to the normal use and enjoyment of the dominant land
When does an easement by necessity end?
When the necessity ends
Prescriptive Easement Elements
Similar to Adv. Possession: Open & notorious, adverse & hostile, continuous for the statutory period
What is the Adverse & Hostile Element for a prescriptive easement?
Use made without permission from the servient owner, hard to show.
Easement by Estoppel Elements
Landowner allows other to use land, licensee relies in good faith & acts to detriment, and licensor knows or should have known that reliance would occur
Steps to abandon an easement
Stops using for a long period AND takes action that clearly manifest intent to relinquish the easement.
Remedy for a real covenant
$$ damages
Remedy for an equitable servitude
Specific performance/injunction
SoF for Covenants/Equitable Servitude
Written; essential terms- parties, description of property, promise; signed
estoppel and partial performance still exceptions
Intent to bind for Covenants/Equitable Servitude
Express by saying “assigns” or “successors” OR inferred intent considering nature of the restriction and situation of parties
Touch & concern for Covenants/Equitable Servitude
“the promise must exercise direct influence on the occupation, use or enjoyment of the premise”
Horizontal Privity for Enforcing Burden in RC
2 tests- relationship between original parties of promise
(general) Mutual Interest test for Horizontal Privity in Burden of RC
Parties must have had a mutual interest in the land that is separate from the covenant
(there’s CL and Modern approaches)
CL Mutual Interest test for Horizontal Privity in Burden of RC
only LL & tenant establish vertical privity
Modern Approach to Mutual Interest test for Horizontal Privity in Burden of RC
LL & tenant PLUS co-tenants or shared easement
