Servitudes

Question 1

Definition of servitudes

Answer 1

refers generically to a family of five nonpossessory interests in land

Question 2

The five types of servitudes

Answer 2

1. the easement,
2. the license,
3. the profit,
4. the covenant, and
5. the equitable servitude.

Question 3

Affirmaitive Easements Method of Creation

Answer 3

PING

• Prescription
  
  • use that i continuous, open and notoriou, actual under a caim of right that is hostile for prerequiite statutory period
• Implication
  
  • Implied from prior use; at time land is severed, a use of one part existed from which it can be inferred that an easement permitting its continuation was intended.
• Necessity
  
  • division of a tract deprives one lot of means of access out
• Grant
  
  • writing signed by the grantor

Question 4

Affirmative Easements Parties Bound

Answer 4

• Easement Appurtenant is transferred automatically with dominant tenement
• Easement in gross for commercial purposes is assignable

Question 5

Affirmative Easements Remedy

Answer 5

Injunction or damages.

Question 6

Negative Easements Method of creation

Answer 6

LASS

• Light
• Air
• Support, and
• Streamwater

Question 7

Negative Easements Parties Bound

Answer 7

Can be created only by writing signed by grantor.

Question 8

Negative Easements Remedies

Answer 8

Injunction or damages.

Question 9

Real Covenants Method of Creation

Answer 9

Writing signed by grantor

Question 10

Elements to determine when Real Covenant Burden of Promise will run to the successor of the burdened lot

Answer 10

When WITHIN requirements are satisfied

• Writing
• Intent
• Touch & Concern
• Horizontal and Vertical Privity, and
• Notice

Question 11

Elements to determine when Real Covenant Benefit of Promise will run to the successor of the benefited lot

Answer 11

When WITV requirements are satisfied

• Writing
• Intent
• Touch and Concern
• Vertical Privity

Question 12

Real Covenants remedy

Answer 12

damages

Question 13

Equitable Servitudes Method of Creation

Answer 13

Writing signed by grantor (unless implied by General Scheme Doctrine)

Question 14

Equitable Servitudes Parties Bound

Answer 14

Successors bound if WITN:

• Writing
• Intent
• Touch and concern
• Notice

Privity not required.

Question 15

Equitable Servitudes remedy

Answer 15

injunction