Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property Law > Servitudes > Flashcards

Servitudes Flashcards

1
Q

Termination of Easement

Mr Capend

A
  1. Merger of Dominant & Servient
  2. Release (written)
  3. Condemnation
  4. Abandonment
  5. Prescription
  6. Estoppel
  7. Necessity
  8. Destruction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Requirements of abandonment of easement

A
  1. Cessation of use +

2. Intent to abandon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Types of easements

A
  1. Easement in gross (to 3rd party)
    • only one land involved
    • if it is commercial, is alienable
  2. Easement appurtenant (to benefit an owner of land)
    • two pieces of land
    • freely alienable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Covenant against encumbrances

A

Representation that there are no easements or liens burdening the realty
* If there are, covenant breach and liability against covenantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Exceptions of transfer of easements

A

Personal easement in gross

 - benefit is not transferable
 - Bonafide purchaser (if he didn't know of easement) * All other easements transfer automatically
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Requirements for creation of easement (PING)

A
  • Prescription
  • Implication
  • Necessity
  • Grant - In writing (statute of frauds) mandatory for negative easement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Requisites of prescription (CHAO)

A

C ontinous
H ostile
A dverse
O pen and notorious

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Creation of Easement by Implication

A
  • Apparent previous use
  • expected to continue
  • reasonably necessary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Creation of Easement by Necessity

A
  • Once common ownership of both lands
  • strictly necessary

(i.e. landowner divides it’s land in 2 lots, one of them is locked out by mountains)

If property is landlocked, even if can “acquire” other access.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a Profit (servitude)

A

Is the permission to use someone’s land to extract materials (coal, oil, wood, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a license?

A
  • Is a REVOCABLE easement
  • is permission to use others land for a specific purpose
  • is a verbal easement (that doesn’t satisfy Statute of Frauds)
  • If licensee expend money in the land is an easement by estoppel
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What cause a irrevocable license

A
  • Grantee of license
  • invests money on the land
  • to use others land
  • License is transformed into Easement (by Estoppel)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a Covenant

A
  • A promise related to land

- Found in a contract or deed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Termination of Covenant

Mr Capace

A 
M erger
R elease
C ondemnation
A bandonment
P rescription
A greement
C hange of conditions
E stoppel
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Enforceability of covenants

A

1) Real Covenants
- Monetary damages (or)
- Monetary damages &
Injunction
2) Equitable servitude
- Injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Requirements to Transfer BURDEN of real covenant (WITHVN)

A 
W riting
I ntent
T ouch and Concern
H orizontal privity
V ertical privity
N otice
17
Q

Types of Notice of Covenants

A

(1) Actual - In deed
(2) Constructive:
Inquiry - Reasonable inquiry
Record - covenant filed

18
Q

Requirements to Transfer BENEFIT of real covenant (WITV)

A

W riting
I ntent
T ouch and Concern -same land
V ertical Privity

19
Q

What happens if a covenant don’t transfer as a real covenant due lack of requirements

A

Can transfer as Equitable Servitude

  • For Burden (WITN)
  • For Benefit (WIT)
20
Q

What is General Scheme

A
  • Equitable Servitude
  • Only need Notice
  • when is obvious developer planned certain restrictions on property by looking at neighborhood
21
Q

Doctrine by Estoppel by Deed

A 
To Validate Warranty Deed
	Deed Executed/delivered by grantor
	When grantor didn’t have title to land
	But represented that he did
	If he later acquired such title
22
Q

Privity of estate as assignee

A

 Possession of premises

 Liable for rent w/asignor

23
Q

Duty of Life Tenant

A

 Pay property taxes (until rental value)
 Pay interest on encumbrances
 Not commit waste (harm future interest holders)

24
Q

Rule of Marshaling

A

 Equitable doctrine
 Requires a senior creditor, having two or more funds to satisfy its debt, to dispose of the fund not available to a junior creditor.

25
Q

When is a lease a Sublease?

A

 Assign less time than remaining lease (or)
 Part of the premises
 If tenant retains no interest
Sublessee NOT liable for payment of rent

Property Law (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions