Public Policy
What's the PP of easement implied from prior use?
To promote the productive use of land
What is reasonable necessity under the easement implied from prior use rule?
The easement must be beneficial or convenient for the use of the dominant tenement but need not be essential
What's " intentional" under private nuisance?
Def's conduct is intentional if he acts for the purpose of causing the harm or knows the harm is resulting or substantially certain to result from his conduct
What is touch and concern?
1) SOA - MR -EUOL
2) CTAC - RU - OP - EV -BL
1) The substance of the agreement must relate to the enjoyment, use, or occupancy of the land; AND
2) A covenant touches and concerns when, by restricting the use of one parcel, it enhances the value of the benefitted land
Manual, physical delivery
What's the PP in scope of easement?
To promote certainty in land transactions, potential purchasers must be able to rely on granting language
What is "landlocked" under the easement by necessity rule?
There is lack of reasonably practical access from the parcel to a public road
What is "nontrespassory" under private nuisance?
The interference must not involve any physical entry onto the land of another
What is intent to bind successors?
Infer intent by looking at the nature of the agreement (or circumstances)
What are the delivery req's?
1) ETT - DM - DI - BIE -TIL -TG
To effectively transfer title a deed must be delivered with intent that it be immediately effective to transfer an interest in land to the grantee
What's the PP for why rules are "presumed" valid and measured against "deferential standards" in Nahrstedt?
1) Discourages lawsuits by owners of individual units seeking exceptions
2) Promotes stability, predictability and uniformity
3) Rstrxs were recorded, so people purchased w/ notice
What does "Adverse" mean for a prescriptive easement?
It is without permission and inconsistent w/ rights of property owner
What is "unreasonable" under private nuisance?
Note: There are 2 tests
1) Gravity of the harm> conduct is unreasonable if it causes substantial harm
2) Restatement > conduct is unreasonable if the gravity of the harm outweighs the utility of the conduct
What are the 3 approaches for horizontal privity?
1) Mutual Interest > Original parties had simultaneous mutual interests in the same land when they entered into agreement
2) No req > Most jurisdictions don't require
3) Successive Interest > Original parties had successive interest in the land (other than creation of covenant)
What are the req's for an effective conveyance?
1) I - IT - IG
2) P- SOM - OI
Varies from jxn to jxn, but generally; Grantor must:
1) Intend to immediately transfer an interest to the grantee AND
2) Provide some objective manifestation of that intent (usually physical deliver of the deed)
What's the PP for why easements by estoppel are created?
To promote fairness. They're created to avoid injustice that would otherwise be suffered by claimant who has reasonably, foreseeably changed position in reliance on an oral permission
What is "wholly arbitrary" under Nahrstedt?
Bearing no rational relationship to the protection, preservation, operation or purpose of the affected land
What is the "substantial interference" of private nuisance?
There must be a real and appreciable invasion of plaintiff's interest
What are the notice requirements?
Note: There are 4
1) Actual > A person actually knows/ is aware
2) Record > A person who buys real prop interest is charged w/ knowledge of anything properly recorded in the public real estate records pertaining to the interest he/she has bought
3) Inquiry > If a person knows facts which would cause a reasonable person to inquire further, she is charged with knowledge of anything that she would learn as a result of reasonable inquiry
4) Imputed > A person is charged with knowledge of anything that his/her legal rep has knowledge or notice of
To be effective, a deed must....
1) BW
2) CGS
3) IGG
4) DPBC
5) CWC
6) BDG
1) Be in writing
2) Contain grantor's signature
3) Identify grantor and grantee
4) Describe the property being conveyed
5) Contain words of conveyance, AND
6) Be delivered to the grantee
What's the PP for equitable servitude implied from a common plan or scheme?
It is viewed as a transaction fixer. It would be unfair to the ppl who bought the land w/ the expectation that all of the land would be restricted but to let an individual be free of all rstrxs
Special Question: What are the two definitions of easement?
1) NPR - UL -POA
2) NPR - PAL - DS -WL
1) A nonpossessory right to use land in the possession of another OR
2) A nonpossessory right to prevent another landowner from doing something with his/her land
Special Question: What is the definition of estoppel?
A legal bar alleging or denying a fact b/c of one's own previous actions or words to the contrary, if doing so would unjustly harm another
What are the remedies for ES and RC?
1) ES = Injunction
2) RC = Money Damages
What's a death escrow?
Requires grantor to part with all dominion and control over the deed