Rights in the Land of Others: Easements - Covenants - Servitudes

Question 1

Doctrine of Abandonment (easement)

Answer 1

Mere nonuse of an easement is never enough to constitute abandonment. Must have an affirmative act/intent on the part of the easement holder.

Question 2

Easement by Prescription

Answer 2

Like Adverse Possession:

1. Open and notorious USE
2. Continuously
3. Hostility
4. For the statutory period
   - - Exclusivity is not required (only difference)

Question 3

Covenant Running with the Land

Answer 3

1. Grantor intent
2. Grantee acceptance (by recording deed)
3. Written Covenant
4. Touch and Concern land use
5. Privity (relationship between parties)

Question 4

Common Development Scheme

Answer 4

In order to void a restrictive covenant in a CDS, there must be changed conditions which have made the covenant unusable for EVERY parcel.