Servitudes

Question 1

Types of Notice

Answer 1

1. Actual
2. Inquiry
3. Constructive

Question 2

Actual Notice

Answer 2

When the owners in fact know about the existence of the easement

Question 3

Inquiry Notice

Answer 3

When there are signs on the land that warn the owner they should look into it, or a reasonable buyer would further investigation to discover whether an easement exists. (telephone poles, paths, utility lines, etc.)

Question 4

Constructive Notice

Answer 4

When the easement is recorded in the registry of deeds.

Question 5

Easements created by an express agreement run with the land ONLY IF

Answer 5

1. The easement is in writing
2. Subsequent owners of the servient estate had NOTICE of the easement at the time of purchase
3. The original grantor who created the easement intended the easement to run with the land.

Question 6

Affirmative Easement

Answer 6

The right to do something on servient/burdened land. (Right of way/Utility company right to lay powerlines)