SOF
The requirements for Statute of Frauds:
1. Must be in writing
2. Signed by the charged party
3. Describe the real estate and price
Define Marketable Title
what is a title that is free from encumbrances and the hazards of litigation
Define an easement. What are the types?
a nonpossessory right to use another person’s land for a specific purpose.
-Implied
-Expressed
What is the general rule for the scope of easements?
The owner of the dominant estate may reasonably use the easement for its intended purpose, but cannot materially increase the burden on the servient estate.
What is Horizontal Privity?
Horizontal privity exists when there is a transfer of interest of property simultaneously with promise(s) made by the promisor in the instrument transferring the property interest.
As an exception to the SOF, what are the requirements to satisfy part performance?
Buyer has taken possession and paid all or part of the purchase price OR made improvements
What is the Doctrine of Caveat Emptor
“Let the buyer beware”
Says seller has no duty to disclose and buyer buys at their own risk
Define Express easements and the types.
Express easements: there is a writing somewhere that dictates the terms between the dominant and servient tenants
Express easement by grant of easement only
landowner gives someone the right to use their land
Express easement by grant of easement and land
The dominant tenant wants property and the easement
Express easement by reservation
Conveyance to the dominant tenant and the servient tenant reserving an easement
A and B are adjacent land owners. A has an express easement over a driveway on B's property that allows A access to a road adjoining B's property. While A is doing some renovations on her property, she parks her car on the driveway in order to keep it from being damaged. A's car is not blocking or seriously hindering B's use of the driveway. A's use of the easement in this way is permitted.
Agree or Disagree
Disagree
what is Verticle Privity?
Vertical privity exists when a successor acquires the same property interest in land from the original covenanting party.
What are the exceptions to the SOF?
Part performance and Estoppel/Detrimental Reliance
Under CL when does the seller have a duty to disclose?
Majority Rule?
CL:
Seller only has the duty to disclose if- Affirmative misrepresentation, Active Concealment of defects, and Fiduciary relationship
Majority:
Seller has a duty to disclose defects if-
In the sellers knowledge; That materially affect the value of the property; And are not known or readily discoverable (reasonably discoverable by a reasonable buyer)
What are the types of implied easements and their characteristics?
Easements by implication aka easement based on prior use
Needs to be an easement appurtenant, unity of title, and establish that at the time the parcel was severed it created a necessity. The necessity was created when title was severed
Actual
Adverse or hostile
Open & notorious
Continuous & uninterrupted
The manager of a for-profit limited liability company (LLC) entered into a written agreement on behalf of the LLC with a corporation for office space in a building owned by the corporation. The terms of the agreement provided that the LLC was entitled to use 1,000 square feet of office space in the building for one month at a fixed price. The agreement automatically renewed unless terminated by either the LLC or the corporation with at least 30-day notice. The agreement permitted the LLC to select and secure its office space but did not designate or assign a particular location in the building to the LLC. The agreement provided that the corporation retained ownership and control over the office space and prohibited the LLC from transferring or assigning the office space. Which of the following is the best characterization of the LLC's right to use the office space?
A. Easement.
B. Leasehold.
C. License.
D. Profit.
Answer: C. License
T or F: You must have both horizontal and vertical privity
As an exception to the SOF, what satisfies detrimental reliance?
1. Seller admits to oral k; OR
2. K is clearly established AND the buyer has reasonable reliance such that restitution is inadequate
Define Express Easements.
There is a writing somewhere that dictates the terms between the dominant and servient tenants
How can you terminate an easement?
1. Release
The easement holder voluntarily gives up the easement.
Must usually be in writing because an easement is an interest in land.
The release is given to the owner of the servient estate.
2. Merger
Occurs when one person acquires both the dominant and servient estates.
A person cannot have an easement over their own land.
3. Abandonment
The easement holder acts in a way that clearly shows intent to permanently give up the easement.
Important rule:
Nonuse alone is not enough.
There must be conduct demonstrating intent to abandon.
4. Prescription
The servient owner blocks the easement in a way that is open, notorious, continuous, and adverse for the statutory period.
5. Estoppel
Occurs when:
The easement holder represents that the easement will not be used, and
The servient owner reasonably relies on that representation.
Some easements are created for a specific time or purpose.
When the time period ends or the purpose ends, the easement terminates.
7. Condemnation
If the government takes the servient land for public use, the easement may terminate if it cannot continue.
Owner owns Parcel A, which is landlocked. Neighbor owns Parcel B, which borders the public road. Neighbor grants Owner an express easement “for ingress and egress over Neighbor’s driveway.”
For several years, Owner uses the driveway to drive her personal car to and from her home on Parcel A.
Later, Owner opens a small bed-and-breakfast on Parcel A. Guests begin using the driveway daily, and delivery trucks arrive several times each week. Neighbor sues, claiming Owner has exceeded the scope of the easement.
Which of the following is the most likely result?
(A) Owner has exceeded the scope of the easement because easements for ingress and egress are limited to the exact type of use contemplated at the time they were created.
(B) Owner has exceeded the scope of the easement because commercial uses are never permitted under an easement for ingress and egress.
(C) Owner has not exceeded the scope of the easement if the increased use is reasonably related to normal development of the dominant estate and does not unreasonably burden the servient estate.
(D) Owner has exceeded the scope of the easement because any increase in traffic automatically terminates the easement.
Answer:
(C) Owner has not exceeded the scope of the easement if the increased use is reasonably related to normal development of the dominant estate and does not unreasonably burden the servient estate.
Owner owned Blackacre. Owner entered into a covenant with Neighbor promising that Blackacre would never be used for commercial purposes. The covenant was intended to run with the land.
Owner later sold Blackacre in fee simple to Buyer. Buyer then opened a retail store on the property. Neighbor sues Buyer to enforce the covenant.
Which of the following best describes whether vertical privity exists?
(A) Vertical privity does not exist because Buyer was not an original party to the covenant.
(B) Vertical privity exists because Buyer succeeded to Owner’s entire estate in Blackacre.
(C) Vertical privity does not exist because the covenant restricts land use.
(D) Vertical privity exists only if Buyer had actual notice of the covenant.
Answer: (B) Vertical privity exists because Buyer succeeded to Owner’s entire estate in Blackacre.
Who is considered the party charged?
The seller or the party that relief is being sought against
Bill is selling his family home to Randy. He mentioned to Randy that there is a part of the home that needs to be replaced because of fire damage from a furnace fire a few years ago. Randy decides he still wants to home. Is Bill able to provide marketable title?
a. Yes, since Bill disclosed the fire damage and Randy accepted, he can provide marketable title.
b. Yes, since Bill is the owner of the home, he is able to provide marketable title.
c. Yes, since Bill is the owner of the home and there are no encumbrances on the home, he can provide marketable title.
d. No, even though Randy accepted the house in this condition, Randy is not able to provide marketable title.
Answer: c. Yes, since Bill is the owner of the home and there are no encumbrances on the home, he can provide marketable title.
A property owner granted a utility company an express easement to string communications lines across the property. Many years after the utility company installed insulated copper wires across the property, the utility company sought to add fiber-optic cables. The property owner challenged the utility company's right to add the cables. Which of the following is the utility company's best argument, as beneficiary of the easement, for allowing the installation of the fiber-optic cables across the servient estate?
A. The fiber-optic cables are a reasonable use considering the purpose of the easement.
B. The fiber-optic cables constitute a de minimis increase in the burden on the servient estate.
C. The fiber-optic cables are permitted by the terms of the express easement.
D. The easement is an easement in gross.
Answer: C. The fiber-optic cables are permitted by the terms of the express easement.
Owner granted Neighbor an express easement “for a footpath across Owner’s property to reach the lake.”
For years Neighbor used the path for walking. Later Neighbor began driving an ATV across the path to transport fishing equipment.
Owner sues to stop the ATV use.
Which is the most likely result?
(A) Neighbor may use the ATV because any use related to reaching the lake is allowed.
(B) Neighbor has exceeded the scope of the easement because it was granted for a footpath.
(C) The easement automatically expands to include all modern transportation methods.
(D) The easement is invalid because it does not specify width.
Answer:(B) Neighbor has exceeded the scope of the easement because it was granted for a footpath.
Owner and Neighbor own adjacent parcels of land. They sign a written agreement stating that Owner promises that her land will only be used for residential purposes, and the covenant is intended to run with the land.
No land is transferred between them when the agreement is made.
Owner later sells her land to Buyer, who opens a retail store on the property. Neighbor sues Buyer to enforce the covenant as a real covenant.
Which of the following best describes whether horizontal privity existed when the covenant was created?
(A) Horizontal privity exists because the covenant concerns land use.
(B) Horizontal privity exists because the covenant was in writing.
(C) Horizontal privity does not exist because no land interest was transferred between Owner and Neighbor when the covenant was created.
(D) Horizontal privity exists because the covenant was intended to run with the land.
Answer: (C) Horizontal privity does not exist because no land interest was transferred between Owner and Neighbor when the covenant was created.