Servitudes Flashcards

Question

How is an easement terminated by Merger? (aka Unity of ownership)

Answer 1

Easement is extinguished when title to the easement and title to the servient land become vested in the same person (subsequent separation of title irrelevant—recreation of the easement must be created from scratch)

Answer 2

Servient owner may extinguish by interfering with it in accordance with adverse possession (COAH - 1. Continuous interference 2. Open and notorious 3. Actual 4. Hostile to the easement holder)

Answer 3

The mere privilege to enter another’s land for some delineated purpose

Answer 4

(a) Creation does not require a writing. (b) Freely revocable at the will of the licensor unless estoppel applies to bar revocation.

Answer 5

1. Tickets (create freely revocable licenses) 2. Neighbors talking by the fence (oral easements unenforceable; creates a freely revocable license) 3. Estoppel will only bar revocation if licensee has invested substantial money, labor, or both in reasonable reliance on the license continuing

Answer 6

1. Easements 2. Licenses 3. Profit 4. Covenant 5. Equitable servitude

Answer 7

1. Entitles the holder to enter the servient land and take from it the soil, or some substance of the soil (timber; oil; minerals) 2. The profit shares all the rules of easements

Answer 8

A promise to do or not do something related to land (affirmative vs. restrictive covenant)

Answer 9

Covenant is a contract, not a property right

Answer 10

1. Restrictive (negative): no restrictions on scope (unlike negative easement) 2. Affirmative (e.g., maintain a common fence)

Answer 11

On the basis of the remedy plaintiff seeks! Money damages: construe at law as covenant Injunction: construe at equity as an equitable servitude

Answer 12

One is burdened by the promise The other is benefited

Answer 13

When it’s capable of binding successors

Answer 14

1. Does the burden run to A’s successor? 2. Does the benefit run to B’s successor?

Answer 15

1. Writing: original promise between A and B was in writing 2. Intent: original parties, A and B, intended that the covenant would run (courts are generous here) 3. Touch and Concern: the promise must affect the parties’ legal relations as landowners, not merely members of the community at large (covenants to pay money used for land and not to compete DO touch and concern) 4. Horizontal and vertical privity (both needed) 5. Notice: successor had notice of the promise when she took

Answer 16

The elements needed for a burden (of a covenant) to run with successors. 1. Writing: original promise between A and B was in writing 2. Intent: original parties, A and B, intended that the covenant would run (courts are generous here) 3. Touch and Concern: the promise must affect the parties’ legal relations as landowners, not merely members of the community at large (covenants to pay money used for land and not to compete DO touch and concern) 4. Horizontal and vertical privity (both needed) 5. Notice: successor had notice of the promise when she took

Answer 17

The nexus between the originally promising parties Requires they be in succession of estate (this is hard to establish, and frequently absent)

Answer 18

1. Grantor/grantee 2. Landlord/tenant 3. Mortgagor/mortgagee

Answer 19

The nexus between A and his successor, A-1 Simply requires some non-hostile nexus (contract, devise, descent)

Answer 20

1. Writing: The original promise between A and B was in writing 2. Intent: The original parties intended that the benefit would run 3. Touch and concern: promise affects the parties as landowners 4. Vertical privity between B and B-1 (horizontal privity not required for benefits to run)

Answer 21

The elements needed for a benefit (of a covenant) to run with successors. 1. Writing: The original promise between A and B was in writing 2. Intent: The original parties intended that the benefit would run 3. Touch and concern: promise affects the parties as landowners 4. Vertical privity between B and B-1 (horizontal privity not required for benefits to run)

Answer 22

WITHN are the elements needed for a burden (of a covenant) to run with successors: Writing, Intent, Touch + concern, Horizontal + vertical privity, and Notice. WITV are the elements needed for a benefit (of a covenant) to run with successors: Writing, Intent, Touch + concern, Vertical privity.

Answer 23

A promise that equity will enforce against successors (Accompanied by equitable relief)

Answer 24

1. Writing: original promise was in writing (generally, but not always required) 2. Intent: the original parties intended that the promise would be enforceable by and against assignees 3. Touch and concern 4. Notice: assignees of burdened land had notice of the promise (privity not required to bind successors)

Answer 25

The elements needed to create an equitable servitude. 1. Writing: original promise was in writing (generally, but not always required) 2. Intent: the original parties intended that the promise would be enforceable by and against assignees 3. Touch and concern 4. Notice: assignees of burdened land had notice of the promise (privity not required to bind successors)

Answer 26

1. When sales began, sub-divider had a general scheme of residential development, which included defendant’s lot; AND 2. The defendant lot holder had notice of the promise contained in the prior deeds

Answer 27

Reciprocal negative servitude (aka implied equitable servitude)

Answer 28

1. Actual notice: D had literal knowledge of the promise in the prior deeds 2. Inquiry notice: Neighborhood conforms to the common restriction 3. Record notice: notice imputed to buyers on the basis of the publicly recorded documents (courts split on this issue)

Answer 29

Subsequent buyer does NOT have record notice of the contents of those prior deeds transferred to others by the common grantor

Answer 30

Changed conditions: Changes alleged by party seeking release must be so pervasive that the entire area’s character has changed (mere pockets of limited change are never good enough)

Servitudes Flashcards

(54 cards)