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  • Affirmative Easement

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    This document discusses easements and covenants. It defines an easement as a non-possessory property interest allowing use or enjoyment of another's land. There are affirmative and negative easements. Easements can be appurtenant, benefiting adjacent land, or in gross. Easements can be created by prescription, implication, necessity, or grant. They pass automatically with the dominant estate. Easements can terminate through estoppel, necessity ending, destruction, condemnation, release, abandonment, merger, or prescription. Covenants are promises regarding land use, and can be negative or affirmative. Covenants bind successors if there is writing, intent, notice, and privity between parties.

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    This document discusses easements and covenants. It defines an easement as a non-possessory property interest allowing use or enjoyment of another's land. There are affirmative and negative easements. Easements can be appurtenant, benefiting adjacent land, or in gross. Easements can be created by prescription, implication, necessity, or grant. They pass automatically with the dominant estate. Easements can terminate through estoppel, necessity ending, destruction, condemnation, release, abandonment, merger, or prescription. Covenants are promises regarding land use, and can be negative or affirmative. Covenants bind successors if there is writing, intent, notice, and privity between parties.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    105 views2 pages

    Affirmative Easement

    Uploaded by

    ami0606
    This document discusses easements and covenants. It defines an easement as a non-possessory property interest allowing use or enjoyment of another's land. There are affirmative and negative easements. Easements can be appurtenant, benefiting adjacent land, or in gross. Easements can be created by prescription, implication, necessity, or grant. They pass automatically with the dominant estate. Easements can terminate through estoppel, necessity ending, destruction, condemnation, release, abandonment, merger, or prescription. Covenants are promises regarding land use, and can be negative or affirmative. Covenants bind successors if there is writing, intent, notice, and privity between parties.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    EASEMENT: grant of non-possessory property interest that entitles the holder some form of use or enjoyment of the servient

    land
    AFFIRMATIVE EASEMENT PURPOSE
    Right to go onto and do something on the servient land

    NEGATIVE EASEMENT
    Right to prevent the servient landowner from doing something that is o/w permissible LASS(S) Light, air, stream water, support, (scenic view)

    EASEMENT APPURTENANT

    EASEMENT

    IN

    GROSS

    Benefits the holder in his physical use and enjoyment of his own property

    confers holder some personal or pecuniary advantage that is not related to his use or enjoyment of his own land

    CREATION (PING)

    Prescription COAH Implication

    Implied from existing use Previous use was apparent Parties expected the use to survive division

    Reasonably

    necessary to dominant lands use and enjoyment [DE] only available with a conveyance/qu asi-easement when 1 owner uses 1 parcel to benefit the other Necessity Grant

    >1SOF requirement + deed formalities [DE] written + executed + recorded Automatically with the dominant estate Automatically with the servient estate unless BFP had no notice Does not automatically pass unless there was a commercial purpose

    PASSING

    TERMINATION (END CRAMP)

    Estoppelservient owner materially changes position in reasonable reliance on the dominant holders assurances that the easement will no longer be enforced Necessitynecessity ended Destructionservient land destroyed not by willful conduct of the servient owner Condemnationservient land condemned Releasewritten release given by the easement holder Abandonment easement holder demonstrate by physical action the intent to never use the easement again Mergereasement is extinguished when title to the easement and title to the servient land become vested in one person PrescriptionCOAH

    COVENANT: promise to do or not do something related to the land


    NEGATIVE COVENANT PURPOSE CREATION
    Promise to reform from doing something related to land

    AFFIRMATIVE COVENANT
    Promise to do something related to the land

    EQUITABLE SERVITUDE
    Promise that equity will enforce in injunctive reliefs

    Execute and record a declaration that specifies the land to which restrictions apply [DE] Restrictions Regulating the Appearance & Improvements


    COVENANTS THAT BIND SUCCESSORS

    Aesthetics, outlooks, suitabilitytoo vague to enforce Visual harmonyenforceable if there is a general outlook in the area Demolitionrestrictions used to not apply to demolition but recent trend change No vertical/horizontal privity Writing Intent T&C Notice: assignee of the burdened land had notice of the promise Actual

    Burden to run:


    Benefit

    Notice: A1 had notice of the promise when she took possession Writing: original promise between A and B in writing Intent: A and B intended for the covenant to run T&C: promise affects parties legal relations as landowners Horizontal Privity: succession of estate (grantor/grantee, mortgagor/mortgagee; landlord/tenet) Vertical Privity: some non-hostile nexus, no adverse possession to run: No horizontal privity & notice Writing Intent T&C Vertical Privity

    Inquiryarea conforms to common restrictions Record

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