1. Creation
2. Definitions and limitations / purpose and scope
3. Obligations
4. Duration
5. Succession
6. Location
7. Relocation
8. Termination

CODD&L SLRT

1. Termination by release
2. Termination by express limitation
3. Termination by Merger
4. Termination by frustration by purpose
5. Termination by abandonment
6. Termination by adverse possession or adv use
7. Termination by Lack of notice

REMFAAN

Termination by Release - formal written agreement

Termination by express limitation - 10 years, during construction of building, etc. 

Term by Merger - easement appurtenant ends when dom and servient parcels merge to single owner

Easement by gross is terminated when ownership of servient land pases to holder of easement

Def for Frustration of purpose

Def for abandonment

Def for adverse possession or adverse use

Frustration of purpose - purpose of the easement becomes impossible to accomplish

Abandonment - non-use of easement plus affirmative act to abandon - acts in a way that is unequivocally inconsistent with the intention to use easement

Adverse possession - conduct by servient estate that is incompatible with the use for a prescribed statutory period - building built on easement. 

Negative Servitudes

Restrictions on land held by some who does not own the land; obligations regarding land

Note similarities and differences between easement, covenant and fee simple determinative

Two kinds - equitable servitude and real covenant

1. Does the covenant violate public policy?
2. Does the activity violate the term of the covenant
3. Does the covenant run with the land
4. Are there any defenses available to preclude the enforcement of the covenant. 

1. Writing
2. Notice
3. Intent
4. Touch and Concern
5. Horizontal privity
6. Vertical privity
   1. Vertical can be relaxed (leases + transfer)
      1. can be relaxed for benefitted party
   2. Vertical can be strict (tranfer, sales, only)
      1. Must be strict for burdened party

1. Writing
2. Notice 
3. Intent
4. TOuch and concer

No privity required

Only injunctions available

Original covenant must be created in writing signed by the grantor

Once in writing, the writing need not be repeated in subsequent transfers of land

Oriignal parties must intend for it to run with the land

Should be expressly stated - "successors and assigns"

Intent can be inferred from the circumstances

Must affect the use or value of the land itself

must affect the legal relations of the parties to the covenant as owners of the parcel of land, not merely as members of the community in general 

Horizontal privity met when the covenant is created at time of sale OR the covenant is created in a lease

Not met when they are just neighbors and not part of a conveyance OR created after a sale

Some states do not require Horizontal Privity - becoming more and more likely 

Strict vertical privity requires that the grantor did not retain any future interests in the property

Required on the burdened side

Relaxed vertical privity premits the grantor to retain a future interest in the property - lease or similar conveyance with future interest

Analyze both the burdened and benefited side for:

Writing, notice, intent,

Touch and Concern for both

Horizontal and vertical privity for both

This is for both equitable and real covenants

Does the benefit AND the burden of the covenant in any of these ways:

• control physical aspects of the land
• Affect real use and enjoyment
• relate to use of land
• Increase or decrease the value of the land
• Impact the relationship of the parties as landowners
• Connect to the land
• Provide an advantage to the physical use and enjoyment of the land

By Implication - common scheme of development or subdivision - still requires one of the three types of notice

If not all deeds have a negative servitude in a development, it will be implied when:

1. the developer had a plan that all parcels would be subject to the restriction (oral plan, actual plan, orgeneral pattern)
2. The grantee had notice of the covenant in the deeds of others in the subdivision

Both require WINT

Real Covenant also requires Privity - both horizontal and vertical

Only burdended side needs strict privity (no future interest)

Real covenant has monetary damage not just injunction

Real covenants have burden and benefit

Strict privity - grantor does not retain any future interest (not a lease, or Fee simple determinable)

Relaxed privity can be via a lease or other future interest in the property - or between neighbors