Term
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Definition
a promise to do or not do something related to land
not a grant of property interest-just contractual |
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Term
| difference between covenant and equitable servitude? |
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Definition
remedy sought
convenant: money damages b/c it's a contract
equitable servitude: injunction |
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Term
convenant
when does the burden run with the land? |
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Definition
WITHN
writing
intent of the original parties that it would run
touch and concerns the land
horizontal and vertical privity
notice to buyer |
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Term
Covenant
what is horizontal privity? |
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Definition
the nexus between the original parties
MUST be succession of estate meaning that they were grantor/grantee or landlord/tenant or mortgagor/mortgagee |
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Term
covenant
what is vertical privity? |
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Definition
nexus between A and A1
requires some nonhostile nexus (as long as not adverse possession) |
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Term
covenant
when does the burden run with the land? |
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Definition
WITV
written
intent
touch and concern
vertical privity
notice |
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Term
| what is an equitable servitude? |
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Definition
| a promise that equity will enforce against successors (injunctive relief) |
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Term
| requirements for making an equitable servitude that will bind successors? |
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Definition
WITN(ES)
written
intent
touch and concern
notice |
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Term
general or common scheme doctrine: elements
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Definition
when the same began, the subdivider had a general scheme of residential development which included D's log
the D lotholder had notice of the promises contained in the prior deed (notice=AIR) |
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Term
| defense to equitable servitude? |
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Definition
changed conditions
entire area must have changed, not just small pockets |
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Term
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Definition
| the grant of a nonpossessory property interest that entitles its holder to some form of use or enjoyment of another's land |
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Term
| what is a negative easement? |
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Definition
| prevents the servient landowner from doing something that would otherwise be permissible |
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Term
| categores of negative easements? |
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Definition
light
air
support
stream water from artifical flow
scenic view |
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Term
| how can negative easements be created? |
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Definition
| only expressly- in writing signed by the grantor |
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Term
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Definition
when it benefits its holder in HIS physical use and enjoyment of HIS property
always two pieces of land: servient and dominant tenement |
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Term
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Definition
| confers upon its holder only some personal or pecuniary advantage that is not related to the use and enjoyment of the holders land |
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Term
| when does the easement appurtenant pass on the dominent tenement? |
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Definition
| it passes automatically regardless of whether mentioned in the conveyance |
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Term
| when does the easement appurtenant pass on the servient tenement? |
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Definition
| it passes autmatically unless BFP w/o notice |
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Term
| when does an easement in gross pass? |
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Definition
| they never pass unless for commercial purpose |
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Term
| creation of an affirmative easement? |
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Definition
PING
prescription
implication
necessity
grant |
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Term
| Easement by prescription? |
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Definition
COAH
continuous use
open and notorious
actual use
hostile (permission negates this) |
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Term
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Definition
| landlocked setting- easement for right of way |
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Term
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Definition
easement implied from existing use
requires:
1) the previous use was apparent
and
2) parties expected that the use would survive division b/c it is reasonably necessary to the dominant lands use and enjoyment |
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Term
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Definition
| an easement for more than one year must be in writing that complies with the formal requirements for a deed (SOF) |
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Term
| what is the scope of an easement? |
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Definition
determined by the terms of the K or the conditions that created the easement
cannot unilaterally expand the scope |
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Term
| ways to terminate an easement? |
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Definition
END CRAMP
estoppel
necessity ends
destruction
condemnation
release
abandonment
merger
prescription |
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Term
termination of easement
estoppel |
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Definition
| servient owner materially changes his position in reasonable reliance on the easement holders assurance that the easement will not be enforced |
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Term
termination of an easement
necessity |
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Definition
| once the necessity ends, the easement ends unless made by an express grant |
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Term
termination of easement
destruction |
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Definition
destruction of servient tenement other than willful destruction by landowner
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Term
termination of an easement
condemnation |
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Definition
| of servient tenement by eminent domain |
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Term
termination of easement
release |
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Definition
| a written release given by easement holder to servient owner |
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Term
termination of easement
abandonment |
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Definition
| easement holder must do a physical act to show intent to never use easement again |
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Term
termination of easement
merger
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Definition
| when same person has title to the easement and servient tenement (just have to have title now- not forever) |
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Term
termination of easement
prescription |
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Definition
COAH
servient tenement interfers with the easement
*must be hostile to easement holder |
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Term
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Definition
mere privilege to come on another's land for some delineated purpose
not subject to SOF |
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Term
| what if two neighbors orally agree that A will give B an easement on A's property for 5 years? |
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Definition
| this violates the SOF, so it's not an easement but it is a license |
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Term
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Definition
entitles holder to enter the servient land and take from it soil or other substance from the soil
share all the rules of easements |
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Term
| rule against perpetuities |
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Definition
| a future interest is void if there is any possibility that it could vest more than 21 years after the death of a measuring life, living when the conveyance was made |
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Term
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Definition
the last person mentioned by proper name who has a future interest will take the property
the first person or group of people not mentioned by proper name will take the property
many shifting executory interests are subject to RAP
a gift to an open class that is conditional on the members surviving to an age beyond 21 violates RAP |
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Term
| shifting executory interest |
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Definition
| cuts off the rights of a 3rd person |
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Term
| springing executor interest |
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Definition
| cuts of rights of the grantor or his heirs |
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Term
| Doctrine of Worthier Title |
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Definition
applies when O, who is still alive, tries to create a future interest in his heirs
ex: O (living) conveys "to A for life, then to O's heirs"
w/o rule: A has life estate and O's heirs have contingent remainder
with rule: contingent remainder is void. A has life estate and O has reversion
promotes alienability (O's heirs cannot be determined until O dies so if A wants to sell she cannot if rule didn't apply) |
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Term
| 4 unities of joint tenancy |
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Definition
time
title
identical interests
right to possession in the whole |
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Term
| what is the favored tenancy? |
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Definition
| tenancy in common (j/t disfavors so grantor must clearly state right of survivorship) |
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Term
| severance of joint tenancy? |
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Definition
SPAM
sale
partition
mortgage |
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