Rights in Land Flashcards
(43 cards)
What are the requirements for an implied easement by prior use? (DACRI)
(1) division of a prior tract of land held in common ownership;
(2) an apparent and continuous use of the easement while it was in common ownership; and
(3) the use is reasonably necessary for the enjoyment of the dominant estate
What are the requirements for an implied easement by necessity?
(1) division of a prior tract of land held in common ownership;
(2) strict necessity for the easement at the time of division
What are the requirements of an easement by prescription?
The holder’s use of the easement has been open and notorious, actual, hostile, (exclusive), and continuous for the statutory period of 20 years. FL doesn’t require exclusivity.
What are the requirements of an express easement?
Writing signed by the holder of the servient estate that gives an easement to the owner of the dominant estate.
How is a covenant terminated? (MR ACE)
(1) merger of dominant and servient estates;
(2) written release;
(3) abandonment;
(4) changed circumstances of the neighborhood; or
(5) estoppel
How is an easement terminated? (MR CAPEEENDS)
(1) merger of dominant and servient estates;
(2) written release by dominant estate holder;
(3) changed circumstances;
(4) estoppel;
(5) eminent domain;
(6) expiration of easement;
(7) end of necessity;
(8) destruction of servient estate;
(9) servient estate sold to BFP
What is an easement appurtenant?
Easement that entitles the dominant estate owner to use the servient estate’s land for their benefit. Attaches to the dominant estate and runs with the land.
What is an easement in gross?
Easement that entitles an individual or entity (not a dominant landowner) to use the servient estate for a personal or commercial benefit. Doesn’t attach to the land. Similar to a license, but it’s irrevocable. May be transferred.
What are the 4 ways to create an easement?
(1) prescription;
(2) implied by prior use;
(3) necessity;
(4) express grant
What is the scope of an easement?
Scope is limited by the terms and conditions that created it. Otherwise, it can be used to the extent reasonably necessary to the dominant estate.
How is a covenant created? (PINT)
Must be written to satisfy SoF. Must have:
(1) Horizontal privity
(2) Vertical privity
(3) Intent by the parties to create a covenant;
(4) Covenant must touch and concern the land
(5) Notice (current owner of the servient estate must take with notice of the covenant)
How is an implied reciprocal servitude created? (CCR)
Created by filing a covenant, condition, and restriction before any lots are sold
What is an implied reciprocal servitude?
When an owner of 2 or more lots sells 1 lot with restrictions that benefit the unsold lot, the servitude becomes mutual and the owner of the unsold lot can’t do anything he forbid the owner of the sold lot from doing
What is an equitable servitude?
Plaintiff is seeking equitable relief (i.e. an injunction). Still a covenant, but more relaxed that one that runs with the land. Doesn’t require privity because it doesn’t run with the land.
What is a covenant that runs with the land?
Promise that attaches to the land. Mostly negative in nature. When breached, covenants lead to an award of damages.
What is a profit?
Non-possessory interest in land. The holder can go onto the land and take something off of it.
How is a profit created?
Expressly or by prescription
How is a profit terminated? (MR CAPENDS)
Merger, release, changed circumstances, abandonment, prescription, estoppel, end of necessity, destruction of the servient estate, or servient estate sold to a BFP
Is a profit transferrable?
Yes
What is a license?
A privilege to do something on someone else’s property. Doesn’t give an interest in the land - only personal right.
Does a license have to satisfy the SoF?
No, can be oral
What is the revocability of a license?
Freely revocable except in two circumstances:
(1) license couple with an interest (ex. licensee purchases personal property located on the licensor’s property and has permission to go and get it);
(2) executed license (where the licensee expends $$ or labor on the license - the license isn’t revocable until the licensee gets value out of it)
What is a fixture?
Item of personal property that has been affixed to the land. A chattel becomes a fixture if it becomes so necessary or convenient to the land that it’s regarded as part of the land. Intent to attach a chattel is a question of fact judged by a reasonable person standard. When the chattel and land are owned by the same person, a deed to the land transfers all fixtures on the property, unless the buyer and seller agree otherwise.
How do fixtures work for landlord/tenant?
A tenant installation qualifies as a fixture if there’s an express agreement between the landlord and tenant. If there’s no agreement, the tenant can remove the fixture as long as it doesn’t cause substantial harm to the property.