Real Property

Question 1

How can an easement be terminated?

Answer 1

8 ways: ENDCRAMP:
- Estoppel
- Necessity
- Destruction
- Condemnation
- Release
- Abandonment
- Merger
- Prescription

Question 2

What must an easement holder show to terminate an easement by abandonment?

Answer 2

By physical action, an intent never to use to easement again.

Question 3

How does an easement terminate by merger?

Answer 3

When title to the easement and title to the servient land become vested in the same person.

Question 4

How does an easement terminate by prescription?

Answer 4

Elements of adverse possession EXCEPT exclusivity:

COAH:
- Continuous interference
- Open and notorious
- Actual (NOT exclusive)
- Hostile to the easement holder

Question 5

What are the basic methods of creating an easement?

Answer 5

PING:
- Prescription
- Implication
- Necessity
- Grant

Question 6

When may an easement be created by implication from a pre-existing use?

Answer 6

Before tract is divided:
- a use exists on the servient parcel that is reasonably necessary for the enjoyment of the dominant parcel;
- the parties intended the use to continue after the division of the property

Question 7

How is a joint tenancy created?

Answer 7

The 4 unities: T-TIP:
- Time (at the same time)
- Title (same title, like will or deed)
- Interest (identical, equal interest)
- Possession (with rights to possess the whole)

Question 8

Elements of breach by constructive eviction?

Answer 8

SING:
- Substantial Interference (chronic/permanent problem)
- Notice (T notifies L and L fails to fix)
- Goodbye! (T vacates in reasonable time)

Question 9

Tenant has two primary duties:

Answer 9

1. Duty to repair
2. Duty to pay rent

Question 10

What are the 4 leasehold estates?

Answer 10

Tenancy for Years

Tenancy at Will

Periodic Tenancy

Tenancy at Sufferance

Question 11

What are the requirements for the burden of a covenant to run with the land?

Answer 11

WITHN:
- Writing
- Intent
- Touch and concern
- Horizontal and Vertical privity
- Notice to successor when they took

Question 12

What are the requirements for the benefit of a covenant to run with the land?

Answer 12

WITV:
- Writing
- Intent
- Touch and concern
- Vertical privity (non-hostile)

Question 13

What is the main difference between a real covenant and an equitable servitude, for the bar exam?

Answer 13

If money damages sought: real covenant

If equitable remedy: equitable servitude

Question 14

How is an equitable servitude created?

Answer 14

WITNES:
- Writing
- Intent that promise be enforceable against successors
- Touch and concern
- Notice
- ES, for equitable servitudes