Servitudes Flashcards
(9 cards)
Servitudes are property interests created by agreements between landowners to benefit one parcel of land (dominant) and burden another (servient).
Common types: easements (right to use land), covenants (promises about land use), and equitable servitudes (similar to covenants, enforceable in equity).
Easements can be express or arise under specific doctrines (estoppel, implication, necessity, prescription).
A. Types of Easements
Express Easement
Created by deed or written agreement.
Must comply with the Statute of Frauds.
Example: Farrell and Simone cases.
Easement by Estoppel
Based on reasonable reliance on a license (informal permission).
If improvements are made based on the license, the landowner may be estopped from revoking it.
Implied Easements
By Prior Use (Van Sandt):
Requirements:
Common ownership followed by severance.
Use must be continuous, apparent, and reasonably necessary.
Courts are stricter if the grantor claims the implied easement (implied reservation).
By Necessity:
Strict test:
Unity of ownership followed by severance.
Landlocked parcel at time of severance.
Strict necessity – no access to public road.
Modern exceptions for topography or regulation (e.g., Bartkowski case).
Prescriptive Easement
Similar to adverse possession, but for use rather than ownership.
Elements: Use must be open, notorious, continuous, hostile, and for the statutory period.
Exclusivity is not required (unlike adverse possession).
Key case: Cedar Beach.
APPURTENANT VS. IN GROSS
Appurtenant: tied to a specific parcel; transfers with the land.
In gross: benefits a person/entity; typically non-transferable unless intended.
Presumption in favor of appurtenant when ambiguous.
TERMINATION OF EASEMENTS
Release – written agreement.
Expiration – upon end of stated term or occurrence of condition.
End of necessity – for easements by necessity.
Merger – if dominant and servient parcels come under same ownership.
Estoppel – reliance by servient owner on statements by easement holder.
Abandonment – through nonuse plus intent to abandon (Preseault).
Prescription – servient owner blocks access for statutory period.
Marketable Title Acts – failure to record may extinguish easement (e.g., Gray v. Treder).
Changed conditions – does not terminate an easement (unlike covenants).
COVENANTS
Covenants are contractual promises about land use (e.g., paint color, tree planting).
Run with the land only if specific legal requirements are met (not covered deeply here).
Cannot arise by implication or estoppel.
Often originate in real estate contracts.
