The flashcards below were created by user
on FreezingBlue Flashcards.
Easement appurtenant vs in gross
Presumed to be appurtenant unless clear facts to the contrary.
Easement in gross occurs where easement meant to benefit a particular person, as opposed to the land.
Example: A owns lakefront property and grants B, who lives in a town across the lake, an easement to gain access to the lake at a certain point on A’s property. A created an easement in gross because it benefits B, not any land owned by B.
Types of easements
- By necessity
- By implication - prior use continues
- Prescription - adverse possession
- By estoppel
- Negative - must be express.
Termination of easement
- Merger - easement holder obtains fee simple to servient estate
- Severance - holder attempts to sell appurtenant easement.
Whose duty to maintain an easement?
Owner of easement
Requirements for covenants running with the land:
- In writing
- With intent to run with land
- Touch and concern land
- With notice
- Horizontal and vertical privity
Requirements for equitable servitudes:
- Intend to be enforceable by and against successors in interest
- With notice
- Touch and concern land.
Requirements for implied reciprocal servitudes:
- Intent to create servitude on all plots of common development
- Actual, record, or inquiry notice
In NY, subsequent buyers not deemed to have RECORD notice.
substantial unreasonable interference with another individual’s use or enjoyment of his property
- substantial = is offensive, inconvenient, or annoying to the average person in the community
- unreasonable = injury caused outweighs usefulness of defendent's actions
Unreasonable interference with the health, safety, or property rights of the community.
Private plaintiffs must show a different kind of harm than that suffered by the rest of the community.
Remedy for nuisance
Usually damages = depreciation in property value, personal injury
Injunctive relief. Court balances potential hardship on the two parties.