Professional Documents
Culture Documents
Affirmative Easement
Affirmative Easement
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)
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
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
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