Term
| Termination of Easements: Unity of ownership and Merger |
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Definition
Occurs when same person acquires ownership of both easement and servient estate.
Easement is not automatically revived
Holder must acquire interest equal to or greater than easement duration |
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Term
| Termination of Easements: Abandonment |
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Definition
An easement is extinguished when its holder demonstrated by physical action an intent to permanently abandon.
More than nonuse or expressing an intent to abandon |
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Term
| Termination of Easements: Prescription |
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Definition
| Adverse continuous open and notorious use for the prescriptive period |
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Term
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Definition
Privilege holders have permission to go on land of another
Not an interest in land
Revokable and personal (inalienable)
Attempt to transfer = revocation |
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Term
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Definition
Reliance = estoppel
License + Interest = last for as long as interest lasts |
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Term
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Definition
Entitle the holder of the benefit to take resources from the servient estate
All of the rules governing creation, alienation, and termination of easements are applicable to profits |
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Term
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Definition
AKA Real Covenants
Written promise to do something on the land OR a promise not to do something on the land
Real covenants run with the land
Subsequent owners may enforce or be burdened |
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Term
| Requirements for Burden to Run |
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Definition
1. Intent that successors in interest be bound
2. Notice: actual; inquiry; record
3. Horizontal privity- promisor and promisee shared interest in land
4. Vertical privity- some durational interest as covantor
5. Touch and concern = affect the parcel |
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Term
| Requirements for Benefit to Run |
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Definition
1. Intent
2. Vertical privity
3. Touch and concern the land
No NOTICE or HORIZONTAL PRIVITY |
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Term
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Definition
Witten release
Merger
Condemnation of burdened property |
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Term
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Definition
A covenant that, regardless of whether it runs with land, equity will enforce against assignees of the burdened land who have notice
Remedy is injunction
Generally, contained in a covenant
Negative equitable servitude = common scheme (See slide) |
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Term
| Common Scheme: Negative Equitable Servitudes |
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Definition
Developer had plan ALL lots would be subject to plan
a. record plat
b. general pattern
c. oral restrictions |
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Term
| Requirement for Burden/Benefit to Run (equitable servitudes) |
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Definition
Burden
1. Covenanting parties intent
2. Actual, inquiry, or record notice
3. Covenant touches and concerns the land
Benefit
1. Intent
2. Touch and Concern
3. No notice Requirement |
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Term
| Equitable defenses to enforcement |
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Definition
Unclean hands
Acquiesced
Estoppel
Laches
Neighborhood has changed significantly
Termination: written release/merger/condemnation |
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Term
| Right to use land possessed by someone else |
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Definition
Easements
Profits
Covenants
Servitudes
= nonpossessory interests in land |
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Term
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Definition
Right to use another's tract of land for a special purpose
Negative easement: compel servient estate to refrain from activity
Appurtenant OR In Gross
Presumed to be of perpetual duration |
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Term
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Definition
There is a dominant estate (benefit) and servient estate (burden)
Benefit always transfers
Burden always transfers unless bona fide purchaser |
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Term
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Definition
Right to use servient tenement (no dominant)
Commercial purpose THEN easement is transferrable
Personal purpose THEN interest is nontransferable |
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Term
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Definition
Express grant (SOF . . . Deed)
Reservation for own use
Implication:
a. quasi-easement
b. implied without any existing use
c. necessity
Prescription = adverse possession that is not exclusive |
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Term
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Definition
Easement implied for existing use
1. Prior division of a single tract
2. An apparent and continuous use exists on servient pat
3. Reasonably necessary for dominant part
4. Parties intended use to continue after division |
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Term
| Easement Implied Without Any Existing Use |
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Definition
Subdivision plat: when lots are sold in a subdivision with reference to a recorded plat or map that also shows streets leading to lots
Profit a prende: implied easement to pass over surface of land as is reasonably necessary to extract the profit subject matter (example minerals) |
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Term
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Definition
| When a landowner sells a portion of his tract and by this division deprives one lot of access to a public road or utility line |
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Term
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Definition
Exceed scope? REMEDY is to ENJOIN use
Repairs?
If used exclusively then yes. If no, court will apportion costs. |
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Term
| Termination of easements (8 ways) |
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Definition
Stated conditions
Unity of ownership
Release
Abandonment
Estoppel
Prescription
Necessity
Condemnation and Destruction |
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