Real Property

Question 1

Easement in gross

Answer 1

An easement in gross is created when the easement holder acquires that right independent of his ownership or possession of another tract of land.
* Can be personal or commercial
* Servient land burdened
* No benefited/dominant tenement
* Examples: right to place billboard on another’s lot, right to swim in another’s lake
* Not transferable unless it’s for commercial purposes

Question 2

Nuisance

Answer 2

• Private nuisance: occurs when intangibles (e.g., odors or noises) substantially and unreasonably interfere with a private individual’s use or enjoyment of her property.
• Public nuisance: occurs when intangibles unreasonably interfere with the health, safety, or property rights of a broad segment of the community. To recover for public nuisance, a private party must suffer some unique damage not suffered by the public at large.
• Substantial = offensive, inconvenient, or annoying to an avg person (as opposed to being the result of P’s hypersensitivity)
• Unreasonable = severity of the injury outweighs the utility of D’s conduct, considering the neighborhood, land values, and alternative courses of conduct open to D

Question 3

Easement by reservation

Answer 3

An easement by reservation arises when a landowner conveys land but reserves the right to continue to use the tract after conveyance.

Question 4

Common scheme

Answer 4

If a covenant is silent as to who holds its benefit, any neighbor in the subdivision will be entitled to enforce the covenant if a common scheme or plan existed at the time he purchased his lot.

Common scheme: If a developer subdivides land, and some deeds contain restrictive (negative) covenants while others do not, the restrictive covenants will be binding on all parcels provided there was a common scheme of development and notice of the covenants.

Elements of the common scheme doctrine:
1) when the sales began, the subdivider had a general scheme of residential development which included the defendant’s lot. The scheme may be evidenced by: a recorded plat, general pattern of restrictions, or oral representations to early buyers; and
2) the defendant lot-holder had notice of the promise contained in those prior deeds when they took

Question 5

Covenant

Answer 5

A real covenant is a written contractual limitation or promise regarding land. Real covenants run with the land at law, which means that subsequent owners may enforce or be burdened by the covenant.

Question 6

Equitable servitude

Answer 6

An equitable servitude is a promise that equity will enforce against successors of the burdened land who have notice of it, regardless of whether it runs with the land at law.

Question 7

Deed

Answer 7

1. In writing signed by grantor
2. unambiguous description of the land (but doesn’t have to be perfect)
3. identification of the parties
4. words of intent to transfer (e.g., “grant”)