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Real Property II > Servitudes > Flashcards

Servitudes Flashcards

1
Q

Easement Termination: What is abandonment?

A

(1) nonuse for a period of time;

(2) verbal expression of intent to abandon OR conduct inconsistent with intent to make further use.

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2
Q

What is an easement?

A

non-possessory interest in the use of someone else’s land.

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3
Q

The burden of a real covenant runs with the land if … WITHN

A

(1) writing, (2) intent, (3) touch and concern, (4) horizontal and vertical privity, (5) notice.

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4
Q

What is creation of an easement by necessity.

A

When grantor conveys land with no way out other than grantor’s remaining land. Requires (1) common ownership; (2) severance created necessity for ingress/egress; (3) strictly necessary for access to landlocked property.

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5
Q

Easement Termination: Condemnation

A

Condemnation of servient estate by eminent domain can terminate easement.

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6
Q

An equitable servitude runs with the land if … WITNES

A

Writing, Intent, Touch and Concern, Notice (burden only), EQUITABLE SERVITUDE

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7
Q

Easement Termination: necessity ends

A

easement by necessity ends when the necessity ends

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8
Q

Easement Termination: By estoppel? (ARP)

A

(1) dominant landowner gives an ASSURANCE to servient landowner that easement will no longer be used; (2) servient landowner reasonably RELIES and (3) materially changes his POSITION.

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9
Q

A license is freely ….

A

revocable unless contract says otherwise or promissory estoppel applies.

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10
Q

Easement - what is the scope of an easement? (“R. N.’s Unduly Bawled”)

A

Dependent on original intent of the parties. Holder can make use that is REASONABLY NECESSARY, which does not UNDULY BURDEN the servient estate.

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11
Q

Covenants - How do you satisfy the “writing” requirement?

A

the original promise must be in writing and satisfy the SOF.

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12
Q

What is an implied equitable servitude?

A

(1) common development scheme; and (2) notice.

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13
Q

What is creation of an easement by implication? (CAR USE)

A

an easement that is implied from prior use. (CAR USE). COMMON ownership severed into several parcels. Use is APPARENT (existed prior to severance). and REASONABLY necessary to dominant land’s USE and enjoyment.

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14
Q

Easement Termination: Notice

A

easement should be recorded. Subsequent purchaser of servient estate may be BFP and not bound by easement.

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15
Q

What is prescription?

A

Easement acquired by satisfying adverse possession elements

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16
Q

A profit shares the same rules as an …

A

easement.

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17
Q

How can an easement be created? PING-E

A

Prescription, Implication, Necessity, Grant, and Estoppel

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18
Q

What is a negative easement?

A

easement that entitles holder to prevent servient landowner from doing something that is otherwise permissible

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19
Q

What are “changed circumstances”

A

when conditions have changed so substantially that the usefulness has been destroyed.

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20
Q

What is an easement appurtenant?

A

An easement that benefits the holder in physical use/enjoyment of property. Requires two parcels.

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21
Q

Covenants - How do you satisfy the “horizontal privity” requirement?

A

original parties must have shared some interest in the land apart from the covenant.

22
Q

Covenants - How do you satisfy the “benefit vertical privity” requirement?

A

successor need only take an interest that is carved out of the original party’s estate.

23
Q

What is a real covenant?

A

promise, obligation, or burden to do or refrain from doing something related to land.

24
Q

What is an express reservation/right of use?

A

When an owner conveys title but reserves right to continue use for special purpose.

25
Q

Covenants - How do you satisfy the “burden vertical privity” requirement?

A

successor must be the holder of entire interest that party making the covenant had (NO AP)

26
Q

Prescription - adverse possession elements? COAH

A

CONTINUOUS for statutory period. OPEN, Notorious, and visible use. ACTUAL and HOSTILE use.

27
Q

Can a profit be transferred?

A

Yes - freely transferrable

28
Q

Covenants - How do you satisfy the “touch and concern” requirement?

A

must show a direct impact on the use of land.

29
Q

How do you terminate/modify a covenant? MR. CAPACE

A

Merger, Release, Condemnation, Abandonment, Prescription, Agreement, Changed Circumstances, Estoppel.

30
Q

What is an easement in gross?

A

An easement that benefits the holder in some personal or pecuniary advantage. Only requires 1 parcel.

31
Q

What is an affirmative covenant?

A

Requires owner of burdened property to perform some act.

32
Q

Who can use the servient land - two types?

A

Appurtenant

In Gross

33
Q

What is an equitable servitude?

A

Restriction on how land may be used.

34
Q

What is an affirmative easement?

A

easement that grants the holder the right to do something on the servient estate.

35
Q

How do you prove there was a “common development scheme”?

A

Can be evidenced by recorded plat, general platter, early representation to buyers.

36
Q

Easement Termination: By prescription?

A

servient landowner reclaims easement by satisfying requirements of AP.

37
Q

Easement Termination: What is merger?

A

when title to both dominant and servient parcel becomes vested in the same person.

38
Q

How do you create an easement by grant?

A

An easement in writing. If for more than one year must satisfy SOF.

39
Q

What is a license?

A

privilege to enter another’s land for some delineated purpose.

40
Q

Two types of easements:

A

Affirmative and Negative

41
Q

Real covenants - What are the two types?

A

Affirmative and Negative

42
Q

Easement: What is the servient estate?

A

land that is burdened by the easement.

43
Q

The benefit of a real covenant runs with the land if … WITV

A

Writing, Intent, Touch and Concern, Vertical Privity (Benefit)

44
Q

Covenants - How do you satisfy the “notice” requirement?

A

new owner had notice of the promise when she took the land. AIR - Actual, Inquiry, or Record notice.

45
Q

What is a negative covenant?

A

Restricts specific uses on burdened property.

46
Q

Easement: What is the dominant estate?

A

land that benefits from the easement

47
Q

Can a license be transferred?

A

No - held by individual and cannot be transferred.

48
Q

Easement Termination: Destruction:

A

destruction of servient estate will terminate easement so long as not willful by owner.

49
Q

Covenants - How do you satisfy the “intent” requirement?

A

the original parties must have intended the promise apply to successors of the property.

50
Q

What is a profit?

A

an agreement that entitles holder to enter servient land and take something from the land.

51
Q

How can you terminate an easement? MR. CAPENND

A 
Merger
Release
Condemnation
Abandonment
Prescription
Estoppel
Necessity Ends
Notice
Destruction
52
Q

Easement Termination: What is release?

A

a writing by the easement holder to the servient owner.

Real Property II (6 decks)

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