servitudes

Question 1

easement

Answer 1

a non-possessory property interest that confers a right to use another’s land

servient estate = burdened land
dominant estate = benefited land

Question 2

types of easements

Answer 2

1) easement appurtenant
2) easement in gross
3) affirmative easement
4) negative easement

Question 3

easement appurtenant

Answer 3

entitles a dominant estate owner to use a servient estate’s land; attaches to dominant estate and passes automatically even if not mentioned in conveyance

Question 4

easement in gross

Answer 4

entitles an individual or entity (not a dominant landowner) to use the servient estate; attaches only to servient estate; no dominant estate

may be transferred

Question 5

affirmative easement

Answer 5

entitles its holder to make affirmative use of the servient estate

Question 6

negative easement

Answer 6

entitles its holder to restrict the servient estate from otherwise permissible activities

Question 7

ways to create an easement

Answer 7

1) by prescription
2) by implication
3) by necessity
4) expressly by grant or reservation

Question 8

express easement requirements

Answer 8

must be:
1) in writing (otherwise will violate SoF) and
2) signed by servient estate holder

Question 9

easement by prescription requirements

Answer 9

1) continuous
2) open and notorious
3) actual
4) hostile

Question 10

easement by implication requirements

Answer 10

1) easement exists prior to division of single tract of land
2) common grantor’s use is continuous and apparent
3) use is reasonably necessary for enjoyment of dominant tenement
4) parties intended use to continue after division

Question 11

easement by implication

Answer 11

an easement legally implied based on prior use by a common grantor on land subsequently divided into multiple plots

Question 12

easement by necessity

Answer 12

can arise if access to or from a property is impossible without the easement; usually arises when a landowner sells a portion of her property and the resulting division deprives one lot owner of access to public road/utility

terminates automatically when necessity ends

Question 13

negative easements

Answer 13

entitles holder to prevent servient landowner from engaging in otherwise permissible actions on his own land; can only be created by express grant

Question 14

categories of acts that may be prevented by negative easement

Answer 14

1) light
2) air
3) subjacent or lateral support
4) stream of water from an artificial flow

Question 15

ways to terminate easement

Answer 15

1) estoppel
2) necessity ends
3) destruction of servient tenement
4) release
5) abandonment
6) merger
7) prescription
8) expiration

Question 16

license

Answer 16

a right to use another person’s (licensor’s) land, which is revocable at licensor’s will; revocable by licensor; inalienable

Question 17

profit

Answer 17

a non-possessory property interest entitling its holder to enter a servient estate to remove resources; all rules governing easements apply

Question 18

covenants

Answer 18

a promise to do or refrain from doing something related to land

Question 19

real covenant

Answer 19

a covenant concerning real property; runs with the land at law

Question 20

ways to terminate covenants

Answer 20

1) written release
2) merger of benefited and burdened estates
3) condemnation of burdened property

Question 21

requirements for BURDENS of covenant to run with land

Answer 21

1) original covenant in writing
2) intent
3) touches and concerns the land
4) horizontal and vertical privity
5) notice

Question 22

horizontal privity

Answer 22

relationship between covenanting parties

Question 23

vertical privity

Answer 23

relationship between covenanting parties and their successors in interest

Question 24

requirements for BENEFITS of covenant to run with land

Answer 24

1) original covenant in writing
2) intent
3) touches and concerns the land
4) vertical privity

Question 25

equitable servitudes

Answer 25

covenants enforced in equity against successors through injunctive relief

Question 26

creation of equitable servitudes

Answer 26

1) writing
2) intent
3) touches and concerns land
4) notice

Question 27

defenses to enforcement of equitable servitudes

Answer 27

1) pervasive changes in neighborhood
2) estoppel
3) acquiescence
4) unclean hands
5) laches

Question 28

reciprocal negative servitudes

Answer 28

if land is subdivided into parcels under a common development scheme, with only some parcels having negative servitudes, these restrictions may be impliedly binding against all subdivided parcels

Question 29

creation of reciprocal negative servitudes

Answer 29

created through implication if:
1) common scheme
2) notice