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SERVITUDES - Coggle Diagram
SERVITUDES
EASEMENTS
APPURTENANT
BURDEN & BENEFIT
DEFAULT
RUNS W/ LAND
IN GROSS
BENEFITS A PERSON; ENDS W/ TENANT
BURDEN ONLY
ALIENABLE & ASSIGNABLE
AFFIRMATIVE = RIGHT TO DO SOMETHING
CAN BE RESERVED FOR 3RD PARTIES
STATUTE OF FRAUDS APPLIES
IS IT REASONABLE?
EXTINGUISHED BY
RELEASE
EXPIRATION
DEFEASIBLE
MERGER
ESTOPPEL
ABANDONMENT
CONDEMNATION
PRESCRIPTION
NEGATIVE = RIGHT TO NOT DO SOMETHING
BY ESTOPPEL
NOT ALWAYS FRAUD OR MISREP.
TO AVOID INJUSTICE
REASONABLE RELIANCE
SOMETIMES CALLED IRREVOCABLE LICENSE
EXPRESS = GRANT OR RESERVATION IN DEED
IMPLIED BY PRIOR USE QUASI EASEMENT
REASONABLE NECESSITY TO CONTINUE USE (SEWER LINE)
EXISTING, APPARENT, CONTINUOUS USE OF SERVIENT PARCEL
INITIAL UNITY THEN SEVERANCE
GRANT OR RESERVATION
IMPLIED BY (STRICT) NECESSITY (UPON SEVERANCE)
BY PRESCRIPTION: CREATED BY ADVERSE POSSESSION
INTERESTS
SERVIENT ESTATE: PROPERTY BURDENED
RESERVATION: CREATES NEW
DOMINANT ESTATE: PROPERTY BENEFITTED
BENEFITS PARTIES/SUCCESSORS
EXCEPTION: HOLDS PRE-EXISTING
BINDS TO PROPERTY
COVENANTS
REAL COVENANTS
RUNS WITH ESTATE
INTENT TO BIND
ENFORCEABLE BY LAW
TOUCH AND CONCERN
NOTICE
STATUTE OF FRAUDS
EQUITABLE SERVITUDES
IN WRITING
INTENT TO BIND
ENFORCEABLE BY INJUNCTION
TOUCH AND CONCERN
NOTICE (BURDEN ONLY)
PRIVITY OF ESTATE
HORIZONTAL = PROMISEE (BENEFIT) TO PROMISOR (BURDEN)
VERTICAL = PROMISEE TO ASSIGNEE
MUST SUCCEED SAME INTEREST (DOES NOT APPLY TO ADVERSE POSS.)
DISCHARGED BY
ABANDONMENT
UNCLEAN HANDS (PREVIOUS VIOLATIONS)
ACQUIESCENCE (FAILURE TO ENFORCE)
LACHES (UNREASONABLE DELAY)
FORMAL RELEASE
ESTOPPEL
MERGER
CHANGED CONDITIONS
LICENSES
PLUMBER, CONCERTGOER, ETC
REVOCABLE
PERMITS A TRESPASS
PROFITS
EX- MINERAL RIGHTS
STATUTE OF FRAUDS APPLIES
RIGHT TO ENTER & TAKE