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DISPUTES ABOUT THE USE OF LAND, (. (TYPES OF EASEMENTS, CREATION OF…
DISPUTES ABOUT THE USE OF LAND
NONPOSSESSORY INTERESTS IN LAND
EASEMENTS
an easement is the non-revocable right to use another's property for a specified limited purpose
TERMINOLOGY
SERVIENT ESTATE
the land that is subject to the easement; the land that is burdened by the easement
DOMINANT ESTATE
the land that benefits from the easement (e.g., a property that is landlocked)
CLASSIFICATION
IS THE EASEMENT TIED TO THE LAND OR TO A PERSON?
.
THE LAND
EASEMENT APPURTENANT
A PERSON
EASEMENT IN GROSS
WHAT KIND OF RIGHT DOES IT GRANT THE HOLDER OF THE EASEMENT?
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NEGATIVE RIGHT
a negative right is the right to
prevent someone
from doing something
NEGATIVE EASEMENT--AKA RESTRICTIVE COVENANT
a negative easement/restrictive covenant allows the easement holder to prevent certain uses or activities on the servient tenement. It entitles its holder to compel the servient owner from doing something that but for the negative easement would be permissible.
EXAMPLES
ACRONYM: LASS
A negative easement has historically only available in four narrow settings
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CREATION
AFFIRMATIVE RIGHT
an affirmative right is the right to
do
something
AFFIRMATIVE EASEMENT--MOST EASEMENTS
an affirmative easement entitles the easement holder to do something on the servient estate that, absent the easement, would be an unlawful trespass or nuisance.
EXAMPLES
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was an easement created?
yes
no
COVENANTS RUNNING WITH THE LAND
REAL COVENANTS
REQUIREMENTS
WRITING
INTENT
TOUCH AND CONCERN
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NOTICE--BURDEN ONLY
PRIVITY
HORIZONTAL PRIVITY
VERTICAL PRIVITY
SPECIFIC TYPES OF COVENANTS
REMEDY
EQUITABLE SERVITUDES
REQUIREMENTS
WRITING
INTENT
TOUCH AND CONCERN
NOTICE
IMPLIED RECIPROCAL SERVITUDES
REQUIREMENTS
INTENT TO CREATE
NEGATIVE SERVITUDE
NOTICE
REMEDY
DEFENSES
CHANGED CIRCUMSTANCES
LACHES
UNCLEAN HANDS
ACQUIESCENCE
ESTOPPEL
TRANSFER
TERMINATION
COMMON INTEREST OWNERSHIP COMMUNITIES
TYPES
PROPERTY OWNERS ASSOCIATIONS
CONDOMINIUMS
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COOPERATIVES
GOVERNANCE
DECLARATION AND OTHER GOVERNING DOCUMENTS
ASSOCIATION
BOARD
DEVELOPER
POWERS OF THE COMMUNITY
LEVY ASSESSMENTS AND CHARGE FEES
MANAGE, ACQUIRE, AND IMPROVE COMMON PROPERTY
ADOPT RULES GOVERNING USE OF PROPERTY
ENFORCE GOVERNING DOCUMENTS AND RULES
LITIGATE IN ITS OWN NAME
AMEND THE DECLARATION
DUTIES ASSOCIATED WITH THE COMMUNITY
DUTIES OF THE COMMUNITY TO MEMBERS
DUTIES OF DIRECTORS AND OFFICERS OF AN ASSOCIATION
LIABILITY OF MEMBERS FOR ASSOCIATION TORTS
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TYPES OF EASEMENTS
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EASEMENTS IN GROSS
AFFIRMATIVE EASEMENTS
NEGATIVE EASEMENTS
EASEMENTS APPURTENANT
CREATION OF EASEMENTS
EXPRESS EASEMENTS
BY GRANT
BY RESERVATION
EASEMENTS BY NECESSITY
EASEMENT BY IMPLICATION
PRIOR USE
RECORDED PLAT
EASEMENTS BY PRESCRIPTION
EASEMENTS BY ESTOPPEL
TRANSFER OF EASEMENTS
EASEMENT APPURTENANT
EASEMENT IN GROSS
SCOPE OF EASEMENT
EXPRESS EASEMENTS
OTHER EASEMENTS
CHANGE IN EASEMENT
TERMINATION
RELEASE
MERGER
SEVERANCE
ABANDONMENT
PRESCRIPTION
DUTY TO MAINTAIN
PROFIT
LICENSE
DISPUTES ABOOUT THE USE OF LAND