Servitudes

SERVITUDES

EASEMENTS (grant of prop interest)

LICENSES(re: profit)

COVENANTS (K limit/prom re: land)

EQUITABLE SERVITUDES(promise equity will enforce against successors)

ADVERSE POSSESSION(coah)

EASEMENTS

AFFIRMATIVE/NEGATIVE (LASS)
-creation

APPURETENANT/IN-GROSS
-transferability

SCOPE
-look to form of creation or writing

TERMINATION
-endcramp

creation of affirmative easement

PING

P pRESCRIPTION
I iMPLICATION
N nECESSITY
G gRANT

creation of negative easement

RULE

EXPRESS GRANT IN WRITING

creation of affirmative easement

P ing

easement by ap coah

creation of affirmative easement

p I ng

easement by implication, look to previous use; law assumes owners would agree to have dominant receive benefit, reasonably necessary to use/enjoyment

creation of affirmative easement

pi N g

easement implied by necessity, i.e., public policy

-ex: land-locked parcel

creation of affirmative easement

pin G

easement in signed writing stated to last beyond a year

negative easement category
(signed writing only)

LASS

L Light
A Air
S Support
S Stream

APPURTENANT

it takes two (dom/serv)

benefits holder in phys use/enjoy

transfer:
passes automatically w/dom tenement; and
passes automatically w/servient tenement w/notice (exception for bfp's w/o notice

IN GROSS

it takes one

benefits holder personal/pecuniary advantage not related to use/enjoy

transfer only for commercial purpose

easements; termination

ENDCRAMP

E estoppel
N necessity
D destruction
C condemnation
R release
A bandonment
--must show intent w/phys act
M merger
--title to dom/ser vest in 1 person
P prescription
--ap satisfied by servient owner

LICENSE

privilege to enter another's land for a delineated purpose

-ex: ticket, oral easements

LICENSE; termination

freely revocable unless estoppel applies

LICENSE; termination by estoppel std

investment of substantial money, or labor in reasonable reliance on continuation

PROFIT

entitles the holder to enter servient land, to take from it the soil or some substance of the soil, e.g. mineral, oil, timber

COVENANTS

AFFIRMATIVE AND NEGATIVE

RUNNING W/THE LAND
-burden (withvn)
-benefit (witv)

REMEDY
-monetary damages vs. inj in eq serv

covenants; running with the land

BURDEN: WITHVN

W writing for original promise
I intent
T touch and concern
H horizontal privity
V vertical privity
N notice

covenants; running with the land

BENEFIT; WITV

W writing for original promise
I intent
T touch and concern
V vertical privity

EQUITABLE SERVITUDE

promise equity will enforce against successors

creation: witn; or general common scheme

imputed notice: air

changed condition

equitable servitudes; creation

WITN

general common scheme

W writing
I intent
T touch and concern
N notice

GCS: implied where subdivision began under a general scheme of residential development including d's lost and d had notice

equitable servitudes' creation

NOTICE REQUIREMENT; AIR

A actual
I implied
R record

CHANGED CONDITIONS

defense to the enforcement of an equitable servitude, party seeking release must show that a change so pervasive that the entire area or subdivision has changed
--limited or piecemeal change will not suffice

Touch and Concern Exceptions

Two Situations that Do Not Touch and Concern, but satisfy element anyway:

1. Covenants to pay money to be used in connection with the land, ex: homeowner assoc fees.

2. Covenants Not to Compete

Horizontal Privity

looks to the nexus between originally promising parties;

requires succession of estate

Horizontal Privity

looks to the nexus between originally promising parties;

requires succession of estate