Servitudes (Property) Flashcards
What is an easement?
Gives a party the right to physically enter and use the property of another.
What are grants vs reservations?
A grant if I give you an easement. Reservation is when I keep the easement to myself.
What is a dominant estate?
Dominant has the benefit of a servitude
What is a servient estate?
Servient estate has the burden of a servitude
What is appurtenant vs in gross?
The benefit is appurtenant if it is tied up with a parcel of property. In gross if it is not tied up with a parcel of property (utility easement as an example)
What is an affirmative servitude?
Entitles the holder of the benefit ensures positive engagement of the property (easements are almost always affirmative).
What is a negative servitude?
Prevents the owner from doing something. These are rare and typically done as covenants.
What is running with the land?
Interest automatically transfers to subsequent owners. These typically need to be recorded to ensure notice to subsequent owners.
What is a floating easement?
when an instrument is silent or ambiguous concerning location of easement.
Can you reserve an easement in a third party?
No, it’s a nullity in our class.
What commercial easements are transferrable?
In gross commercial easements are transferrable while noncommercial ones are not.
What did we learn from Tripp v. Huff?
An easement reserved in a deed for the benefit of someone not a party to that deed is void.
What are the types of non-express easements?
- Easement by prescription
- Estoppel
- Implied by Existing Use
- Easement implied by necessity
What are Easements by prescription?
Similar to an AP. Needs to be continuous, hostile, and notorious. Statutory period for us is 10 years.
What are easements by estoppel?
estoppel is a principle that precludes a person from asserting something contrary to what is implied by a previous action or statement. once youve said or done something, you may not be able to change it later.
What are easements implied by estoppel and its elements?
- elements he wants us to use:
- conduct by one person (action or speech)
- detrimental change by another person
- in reliance on the first person’s conduct
What are easements implied by existing use and its elements?
- unity of ownership of the two parcels
- after separation, one of the parcels visibly or apparently made some use of the other parcel
- continuous use
- quasi-easement must be reasonably necessary to the owner of the parcel claiming the benefit of the easement
What necessity is required for implied easements?
we’re going with reasonable necessity across the board. this is for reservations and for grants.
What is required for easements implied by necessity?
A parcel is landlocked if it has no access to a road. Unity of ownership at some relevant point in time, ownership transfers a landlocked parcel, and the easement must be a strict necessity. Go through these issues with a checklist in mind. Class rule: it doesn’t matter if it’s the grantor’s fault.
What did we learn from Fike v. Shelton?
- Dividing a common tract of land such that one parcel lacks access creates an easement by necessity for the landlocked owner to access his property over the severed parcels.
- “an easement by necessity arises by operation of law when part of a commonly-owned tract of land is severed in a way that renders either portion of the property inaccessible except by passing over the other portion or by trespassing on the lands of another.”
- “nor does it matter that prior property owners of the shelton tracts had never asserted their right to an easement through the fike or sturgis properties.”
- The easement lasts as long as the necessity exists.
What did we learn from Strollo v. Iannantuoni?
An easement by necessity is limited to reasonable use under the circumstances, including consideration of the reasonable, beneficial, and historic uses of the land.
1. “use of an easement must be reasonable and as little burdensome to the servient estate as the nature of the easement and the purpose will permit.”
What did we learn from Brown v. Voss?
- An easement appurtenant to an estate may not be extended to other adjoining estates.
- “as a general rule, an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to other parcels owned by him, whether adjoining or distinct tracts, to which the easement is not appurtenant.”
- You can’t allow C to use an easement meant for B.
What is a covenant that runs with the land?
Promises that bind both present and future owners of the property. In law as real covenants and in equity as equal servitudes. Class rule: for real covenants, we require both vertical privity and horizontal privity.
The common law of servitudes includes a prohibition on the creation of a covenant that runs with the land where the benefit is held in gross. This doesn’t apply when the benefit is held by a homeowners’ association.
What are common interest communities?
Communities that are governed by a set of recorded covenants that run with the land. someone broke up the land for community development and created a board to enforce the covenants. homeowners associations are the most common example. each resident owns their home in fee simple. the homeowners association owns the common areas. condominium is another example. co-ops happen in NYC. the co-op owns the building and basically let you live there. very different structure.
