Property Attack Flashcards
(3 cards)
EASEMENTS
Types of Easements; Termination; Duty to Maintain
Types of easements
* Express — affirmatively created by parties in writing and signed by servient estate holder
* Implication — easement implied by prior use by a common grantor on land subsequently divided into multiple lots; court may find parties intended use to continue after division:
* Common grantor’s use is continuous
* Apparent or known
* Reasonably necessary for dominant land’s use and enjoyment
* Necessity — arises when property is virtually useless without benefit of easement across neighboring property
* Prescription — AP but wihtout exclusivity requirement
* Estoppel — good-faith, reasonable, detrimental reliance on permission given by servient-eestate holder to make limited use of property
Termination — easement will terminate according to its express terms; can also terminate by: destruction, abandonment (mere statements of intent or nonuse are not sufficient), merger, prescription, estoppel
Duty to maintain — easement holder must maintain easement and may seek contribution from co-owners for cost of reasonable repairs, in proportion to their use
COVENANTS RUNNING WITH THE LAND
Real Covenants; Requirements
Real covenants — csubsequent owners may be burded by covenant or may enforce it
* Requirements:
* Writing — must comply with SoF
* Intent — parties must intend for restriction to be enforceable by and against successors
* Touch and concern
* Notice (burden only) — purchaser without notice of burdening covenant is not bound by it if protected by recording act
* Horizontal and vertical privity — for burden to run, successor must hold estate of same duration; for benefit to run, successor must hold some portion of original party’s property interest
Equitable Servitudes
* Requirements: same as above but no privity requirement
OTHER PROPERTY RIGHTS
Support Rights
Lateral support — LO can be liable for excavations that cause damage to adjacent land
* Land in natural state — SL
* Buildings on land — SL only if adjoning land would have collapsed in its natural state
Subjacent support
* SL — subjacent owners are SL for failure to support surface and pre-existing surface structures
* Negligence — negligent for failure to support subsequently constructed buildings
