Easements generally
This starting point is required for both easements by necessity and easements by implication, and involves a single owner.
What is unity of title?
An adverse possessor of land owned by a party to a real covenant would not be able to enforce the covenant in the majority of jurisdictions because a lack of this.
What is vertical privity?
Selling FSA when you have a life estate creates this.
What is reasonable doubt?
Also acceptable:
What is unmarketable tile?
To obtain an easement by estoppel/irrevocable license, the person relying on the easement or license must have this.
Why is detrimental reliance?
This is apparent when a developer subdivides a large property into smaller uniform lots, even if only some are sold with a restrictive covenant.
What is a common plan?
In the minority of jurisdictions, a property owner would not get an easement by prior use if there were an extremely inconvenient alternative route because of this element.
What is Strict Necessity?
This doctrine holds that a real covenant is terminated when changes are so radical as practically to destroy the essential objects and purposes of the agreement.
What is the Doctrine of Changed conditions?
Encumbrances or defects on title prevent title from being marketable unless this occurs.
What is the contract says it doesn’t?
Any answer to the effect of contracting around it so the buyer takes title subject to encumbrances listed in the contract.
Abe and Babe are twins and next door neighbors. Abe cuts across Babe’s yard everyday to get to work for 20 years then sues for a declaratory judgement that he has an easement. If Abe is unsuccessful, it is because ____.
What is Abe has a license?
These are the types of servitudes.
What are easements, real covenants, equitable servitudes, licenses, and profits?
At common law, this type of easement wasn’t transferrable; at modern law it is.
What is an easement in gross?
This example of a relaxed vertical privity relationship would have, in old England, been the ONLY relationship recognized for horizontal privity.
What is the landlord-tenant relationship?
Although the buyer should make reasonable inspections in both modern and common law jurisdictions, modern law puts a greater burden on this party.
Who is the seller?
The major difference between a license, profit, and easement.
What is revocable at the will of the grantor?
The signature required if A sells a house to B, and B claims there is no contract.
What is B’s signature.
An easement by implication/prior use requires that there was unity of title, and that the use of the quasi easement was used continuous, apparent, reasonably and reasonably necessary _________ to severance.
Immediately prior
A rule preventing unmarried couples from owning a home and requiring homes in the neighborhood to pay a fee for a neighborhood barbecue would likely fail this element needed for a restrictive covenant.
What is touch and concern the land?
A seller cannot do this when a material defect is discovered and complained because the trust has already been broken.
What cure the defect?
Go is a paper maker. I’d he enters into an agreement with Han to drive onto Han’s land, cut mulberry, and haul the mulberry off to Go’s paper factory, what are the two interests in land that Go has acquired called?
What is an easement and a profit?
A seller has until this time to cure unmarketable title.
This is created when one person outwardly manifests intent to create an easement.
What is an express easement
If A and B sign an agreement that neither will never use their land for commercial purposes, the parties need this for their successors in interest to enforce the agreement on each other?
What is horizontal privity?
A seller knew that some of the door knobs in her home were defective, but the defect could only be discovered in the winter, when the doors were closed. If the buyer sues for breach of duty to disclose in the modern jurisdiction, she is unlikely to prevail because of this element.
What is a material defect?
In exchange for a $2000, Lin said to Sue, “You now have the right to fish in my lake, and sell the fish at the market for as long as you want,” creating this type of arrangement.
What is a license? (Statue of Frauds)
A easement grants this right from the bundle of sticks (aka bundle of rights).
What is the right to use? (Use and enjoyment)