Property

Question 1

License

Answer 1

Permission to come on my land (house guest)

Freely revocable

(Oral “easement” is a license)

Question 2

Creation of Easements

Answer 2

“PING”

Prescription

Implication

Necessity (Mass. requires strict)

Grant

Question 3

Types of Easements

Answer 3

Affirmative/Negative

Appurtenant (“it takes 2, baby”)

In Gross (benefit is unrelated his land)

Question 4

Transfer of Easements

Answer 4

Appurtenant transfers auto

but

In Gross not auto (unless commercial)

Question 5

Termination of Easments

Answer 5

“End Cramp”

Estopple (Servient changes position in reliance to promise)

Necessity (ends when necessity ends)

Destruction (not by servient)

Condemnation (by gov’t)

Release (writing)

Abandon (more than non-use)

Merger (same person owns servient and dominant)

Prescription (COAH)

Question 6

Covenant

Answer 6

K about land (not to do something on my land) … money damages

Burden runs w/ land when WITHN

• Writing
• Intent for burden to run
• Touch and concerns land
• Horizontal and vertical privity
• N

Benefit runs w/ land when WITV

• Writing
• Intent for benefit to run
• Touch and concern land
• Vertical privity only

Question 7

Equitable Servitues

Answer 7

Promise

WITN (es)

• Writing
• Intent
• Touch and concern
• Notice

“General scheme”