Study sets matching "property law servitudes"

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Study sets matching "property law servitudes"

51 terms
Servitudes, Property Law
Easements
Easement examples
Affirmative easements
Negative easements
The grant of a non-possessory property interest that entitles…
Privilege to lay utility lines on another's land; the easemen…
Most easements are affirmative. Grant the right to do somethi…
Negative easement entitles its holder to prevent the servient…
Easements
The grant of a non-possessory property interest that entitles…
Easement examples
Privilege to lay utility lines on another's land; the easemen…
Property - Servitudes
Patrick v Napier
Harper v Lindsay
Moncrieff v Jamieson
Moncrieff v Jamieson
Praedial benefit: purported servitude for trout fishing rejec…
Praedial benefit: ice skating cannot be a servitude
Repugnancy with ownership: servitude must not be to make excl…
Case that put parking on the fixed list
Patrick v Napier
Praedial benefit: purported servitude for trout fishing rejec…
Harper v Lindsay
Praedial benefit: ice skating cannot be a servitude
51 terms
Property: Servitudes
Easements
Types of Servitudes
Affirmative easements
negative easements
a grant of a non possessory property interest that entitles i…
Easements... Licenses... Profits... Covenants... Equitable Servitudes
the right to do something on servient land
allows its holder to prevent a servient owner from doing some…
Easements
a grant of a non possessory property interest that entitles i…
Types of Servitudes
Easements... Licenses... Profits... Covenants... Equitable Servitudes
Foundations of Private Law: Servitudes, Rights in Property
A servitude is?
Servitudes are usually created for?
What are the 5 ways that you could ter…
What is a Praedial Servitude?
A right in another person's property
An economic purpose
1) Destruction... 2) Non Use... 3) Merger... 4) Cessio... 5) Abandonment
Rights that a person has by virtue of ownership of land over…
A servitude is?
A right in another person's property
Servitudes are usually created for?
An economic purpose
property servitudes
adverse posesión... hooker on all corners
create easements... ping
destroy easement... mr capend
profit
hostile(no consent)... open and notorious (owner can see),... actu…
prescription... implication... necessity... grant
`Merger... `Release(dominant gives written termination to servia…
affirmative easement plus the right to take something from th…
adverse posesión... hooker on all corners
hostile(no consent)... open and notorious (owner can see),... actu…
create easements... ping
prescription... implication... necessity... grant
Property. Servitudes.
How are Affirmative Easements created?
What does Prescription mean?
What is Implication?
What are Negative Easements?
Ping... Prescription... Implication... Necessity... Grant
Adverse possession
Implied from prior use; at the time land is severed, a use of…
Lass... Light... Air... Support... Streamwater
How are Affirmative Easements created?
Ping... Prescription... Implication... Necessity... Grant
What does Prescription mean?
Adverse possession
Property - Servitudes
Servitudes
4 Types of Servitudes
Categories of Easement
Affirmative and Negative Easement
Another way to control what your neighbor does with their lan…
1. Easement: A non-possessory interest in land involving a ri…
1. Easement Appurtenant: Easement that benefits a particular…
Affirmative - Gives holder the right to use another's land fo…
Servitudes
Another way to control what your neighbor does with their lan…
4 Types of Servitudes
1. Easement: A non-possessory interest in land involving a ri…
Servitudes (Property)
Easement
Types of Easements
Easement Appurtenant
Easement in Gross
A non-possessory interest that confers a right to use another…
- Easement Appurtenent... - Easement in Gross... - Affirmative Ea…
Entitels a dominant estate owner to use a servient estate's l…
Entitles an individual or entity (not a dominant landowner) t…
Easement
A non-possessory interest that confers a right to use another…
Types of Easements
- Easement Appurtenent... - Easement in Gross... - Affirmative Ea…
105 terms
Property - Servitudes
Ownership
Predial Servitude
PREDIAL SERVITUDES:... 1. Defined
1. usus - right to use and enjoy the property... 2. fructus - ri…
A charge on a servient estate (corporeal immovable) for the *…
A. CONVENTIONAL... 1. Established by juridical act (title), pr…
Ownership
1. usus - right to use and enjoy the property... 2. fructus - ri…
Predial Servitude
A charge on a servient estate (corporeal immovable) for the *…
Property servitudes
What is an easmenetn
What is an affirmative easement
What is a negative easement
What is negative easement limited to
a non possessory property interest
right to do something on servient land
reqs holder to compel servient user to refrain from doing thi…
LASSS light air support stream scenic view
What is an easmenetn
a non possessory property interest
What is an affirmative easement
right to do something on servient land
14 terms
Property: Servitudes
Creating an AFFIRMATIVE EASEMENT
Does affirmative easement run with the…
Creating a NEGATIVE EASEMENT
Does negative easement run with the la…
PING... PRESCRIPTION (HOCANS)... -Hostile... -Open... -Continuous... -Act…
Appurtenant: transferred automatically with dominant tenement…
Writing signed by grantor... (LASS)
No... Only grantor/grantee bound
Creating an AFFIRMATIVE EASEMENT
PING... PRESCRIPTION (HOCANS)... -Hostile... -Open... -Continuous... -Act…
Does affirmative easement run with the…
Appurtenant: transferred automatically with dominant tenement…
20 terms
law of servitudes
easement
o Affirmative easement
o Negative easement
o Easement appurtenant
right to cross or use someone's land for a specific purpose
Gave a neighbor the right to enter or perform an act on the s…
- easement forbidding one land owner from doing something on…
gives that right to whomever owns a parcel of land that the e…
easement
right to cross or use someone's land for a specific purpose
o Affirmative easement
Gave a neighbor the right to enter or perform an act on the s…
PROPERTY--COVENANTS & SERVITUDES
Covenants (RC)
Equitable Servitude (ES)
RC Requirements for Covenant to Run/BU…
RC Requirements for Covenant to Run/be…
A real covenant is a written promise* to:... 1. Do something o…
An equitable servitude is a covenant that equity will enfor…
PPINT... 1. Horizontal Privity... 2. Vertical Privity... 3. *Int…
PIT... 1. Vertical Privity... 2. Intent... 3. Touch & Concern... NOTE:…
Covenants (RC)
A real covenant is a written promise* to:... 1. Do something o…
Equitable Servitude (ES)
An equitable servitude is a covenant that equity will enfor…
Civil Law Property-- Dismemberments of Ownership--Personal Servitudes--Usufruct
(art. 533) There two types of servitud…
(art. 534) A Personal servitude--
(art. 535) Usufruct--
(art. 536) Consumable things--
personal servitudes--and--predial servitudes.
is a charge on a thing for the benefit of a person. The types…
is a real right of limited duration--on property of another.…
are things that using it results in diminution of its substan…
(art. 533) There two types of servitud…
personal servitudes--and--predial servitudes.
(art. 534) A Personal servitude--
is a charge on a thing for the benefit of a person. The types…
6 terms
Themis: Property Equitable Servitudes
equitable servitudes
remedy for breach of equitable servitu…
implied reciprocal servitudes
termination of equitable servitude
(1) writing (2) intend to run with land (3) touch and concern…
injunctive relief
(1) intent to create covenant (2) promises must be reciprocal…
as easement does; merger, release, doctrine of changed circum…
equitable servitudes
(1) writing (2) intend to run with land (3) touch and concern…
remedy for breach of equitable servitu…
injunctive relief
11 terms
MBE Property: equitable servitudes
The gist
Remedy for breach of equitable servitude
Intent
Touch and concern
Like a real covenant, but with easier requirements. Must be:…
Injunctive relief
To bind subsequent parties, original parties must have intend…
Benefit or burden of the servitude must affect both the promi…
The gist
Like a real covenant, but with easier requirements. Must be:…
Remedy for breach of equitable servitude
Injunctive relief
11 terms
MBE Property: equitable servitudes
Equitable Servitude (definition)
Remedy for breach of equitable servitude
Intent
Touch and concern
Like a real covenant, but with easier requirements. To bind a…
Injunctive relief (unlike covenants, which gets damages)
To bind subsequent parties, original parties must have intend…
Benefit or burden of the servitude must affect both the promi…
Equitable Servitude (definition)
Like a real covenant, but with easier requirements. To bind a…
Remedy for breach of equitable servitude
Injunctive relief (unlike covenants, which gets damages)
20 terms
Property Servitudes and Easements
Negative Easements
Transferability of easement in gross
Affirmative easement creation
Easement by grant
light air support stream from an artificial flow
only for commercial purposes
prescription implication necessity grant
writing satisfying sof
Negative Easements
light air support stream from an artificial flow
Transferability of easement in gross
only for commercial purposes
11 terms
MBE Property: equitable servitudes
The gist
Remedy for breach of equitable servitude
Intent
Touch and concern
Like a real covenant, but with easier requirements. Must be:…
Injunctive relief
To bind subsequent parties, original parties must have intend…
Benefit or burden of the servitude must affect both the promi…
The gist
Like a real covenant, but with easier requirements. Must be:…
Remedy for breach of equitable servitude
Injunctive relief
106 terms
Property: Servitudes & Acquisitive Prescription
What are the bundle of rights of owner…
What are servitudes? What are the two…
What is an estate?
What are the different types of predia…
Usus; fructus; abusus. Full ownership includes all three elem…
Rights in things that are less than full ownership. 1. Predia…
An estate is a distinct corporeal immovable. Tracts of land,…
Natural (arises from natural situation of estates); legal (im…
What are the bundle of rights of owner…
Usus; fructus; abusus. Full ownership includes all three elem…
What are servitudes? What are the two…
Rights in things that are less than full ownership. 1. Predia…
7 terms
Real Property - Servitudes
When does an Easement Run?
Creating an Affirmative Easement
Termination of Easement
Covenant: When does Burden Run
Gross - If Commercial, it is assignable... Appurtenant - Automa…
PING... Prescription - Adverse Possession... Implication - Implied…
END CRAMP... Estoppel - Materially changes+ Reliance... Necessity…
WITHN... Writing... Intent... Touch & Concern the Land... Horizontal & Ve…
When does an Easement Run?
Gross - If Commercial, it is assignable... Appurtenant - Automa…
Creating an Affirmative Easement
PING... Prescription - Adverse Possession... Implication - Implied…
11 terms
MBE Property: equitable servitudes
The gist
Remedy for breach of equitable servitude
Intent
Touch and concern
Like a real covenant, but with easier requirements. Must be:…
Injunctive relief
To bind subsequent parties, original parties must have intend…
Benefit or burden of the servitude must affect both the promi…
The gist
Like a real covenant, but with easier requirements. Must be:…
Remedy for breach of equitable servitude
Injunctive relief
Barbri - Property - Servitudes
Easement - Defined
Affirmative Easement
Negative Easements... (1) Basic Idea... (2)…
2 types of easements
A nonpossessory property interest - entitles the holder to us…
The right to do something on someone else's land
(1) entitles holder to prevent the servient landowner from do…
(1) Easement appurtenant... (2) Easement in Gross
Easement - Defined
A nonpossessory property interest - entitles the holder to us…
Affirmative Easement
The right to do something on someone else's land
55 terms
Barbri - Property - Servitudes
Easement - Defined
Affirmative Easement
Negative Easements... (1) Basic Idea... (2)…
2 types of easements
A nonpossessory property interest - entitles the holder to us…
The right to do something on someone else's land
(1) entitles holder to prevent the servient landowner from do…
(1) Easement appurtenant... (2) Easement in Gross
Easement - Defined
A nonpossessory property interest - entitles the holder to us…
Affirmative Easement
The right to do something on someone else's land
Property II: Questions (Servitudes)
In what ways can an easement be formed?
What's the difference between a covena…
How do we know if the benefit runs wit…
How do we know if the burden runs with…
Easements should be formed by express writing, because they a…
The difference is the remedy sought. You seek damages for a c…
WITV... A benefit runs with the land if it is in writing, if th…
WITHN... A burden runs with the land if it is in writing, if th…
In what ways can an easement be formed?
Easements should be formed by express writing, because they a…
What's the difference between a covena…
The difference is the remedy sought. You seek damages for a c…
55 terms
Barbri - Property - Servitudes
Easement - Defined
Affirmative Easement
Negative Easements... (1) Basic Idea... (2)…
2 types of easements
A nonpossessory property interest - entitles the holder to us…
The right to do something on someone else's land
(1) entitles holder to prevent the servient landowner from do…
(1) Easement appurtenant... (2) Easement in Gross
Easement - Defined
A nonpossessory property interest - entitles the holder to us…
Affirmative Easement
The right to do something on someone else's land
Property II: Vocabulary (Servitudes)
servitude
easement
profit à prendre
dominant vs. servient tenements
x
y
z
a
servitude
x
easement
y
7 terms
PROPERTY: LESSER RIGHTS & SERVITUDES
LESSER REAL RIGHTS
Servitudes
PERSONAL SERVITUDES
PRAEDIAL SERVITUDES... Compare positive a…
1) Rights IN REM, other than ownership.... 2) IUS IN RE ALIENA…
PRAEDIAL: two pieces of immoveable property (i.e. land and bu…
Principal example: USUFRUCT... 1) USUFRUCTUARY has real rights…
POSITIVE - a servitude where the servient estate owner must s…
LESSER REAL RIGHTS
1) Rights IN REM, other than ownership.... 2) IUS IN RE ALIENA…
Servitudes
PRAEDIAL: two pieces of immoveable property (i.e. land and bu…
1L (Servitudes) Real Property
what do equitable servitudes due
what do equitable servitudes require
how is notice satisfied
what are implied negative servitudes
they enforce Restrictive Covenants
That restrictions be in writing;... 2) Notice upon the party bou…
By 1: Actual- IN PERSON DID YOU KNOW ... 2. Inquiry; or- WHERE Y…
When a delevpoper creates grantee convenatns in a residential…
what do equitable servitudes due
they enforce Restrictive Covenants
what do equitable servitudes require
That restrictions be in writing;... 2) Notice upon the party bou…
53 terms
Barbri - Property - Servitudes
Easement - Defined
Affirmative Easement
Negative Easements... (1) Basic Idea... (2)…
2 types of easements
A nonpossessory property interest - entitles the holder to us…
The right to do something on sserviant's land
(1) entitles holder to prevent the servient landowner from do…
(1) Easement appurtenant... (2) Easement in Gross
Easement - Defined
A nonpossessory property interest - entitles the holder to us…
Affirmative Easement
The right to do something on sserviant's land
21 terms
Property II: Questions (Servitudes)
In what ways can an easement be formed?
What's the difference between a covena…
How do we know if the benefit runs wit…
How do we know if the burden runs with…
Easements should be formed by express writing, because they a…
The difference is the remedy sought. You seek damages for a c…
WITV... A benefit runs with the land if it is in writing, if th…
WITHN... A burden runs with the land if it is in writing, if th…
In what ways can an easement be formed?
Easements should be formed by express writing, because they a…
What's the difference between a covena…
The difference is the remedy sought. You seek damages for a c…
91 terms
Landlord/Tenant Law and Servitudes
The Four Leasehold or Nonfreehold Esta…
The Tenancy for Years
The Periodic Tenancy
Periodic Tenancy by Implication
-The Tenancy for Years... -The Periodic Tenancy... -The Tenancy at…
-Lease for a fixed period. You know the termination date from…
-Lease which continues for SUCCESSIVE intervals until L or T…
1. Land is leased with no mention of duration, but provision…
The Four Leasehold or Nonfreehold Esta…
-The Tenancy for Years... -The Periodic Tenancy... -The Tenancy at…
The Tenancy for Years
-Lease for a fixed period. You know the termination date from…
39 terms
Property - 17 - Servitudes
A servitude requires...
Servitudes run...
The three criteria for servitudes to q…
All servitudes are now...
Two properties which are neighbouring and in separate ownership
With the land
Right to enter or make use of the land, praedial benefit, not…
Positive
A servitude requires...
Two properties which are neighbouring and in separate ownership
Servitudes run...
With the land
27 terms
Property Final: Servitudes
Servitude: Definition
Easement: Definition
Covenants: Definition
Classification of Easement: Two Types
Servitudes are private agreements involving two or more parce…
An easement is a right of a non-landowner to use the landowne…
A covenant is a landowner's promise to restrict the use of th…
1. Easement in Gross... 2. Easement Appurtenant
Servitude: Definition
Servitudes are private agreements involving two or more parce…
Easement: Definition
An easement is a right of a non-landowner to use the landowne…
36 terms
Civil Law - 13 - Servitudes
Servitudes were a proprietrary right i…
The oldest category of servitudes all…
The five general principles are...
The two broad categories of servitude…
Use of the property of another person
Agricultural purpose
Own property, no possession, beneficial, reasonably exercised…
Praedial and personal
Servitudes were a proprietrary right i…
Use of the property of another person
The oldest category of servitudes all…
Agricultural purpose
Property- equitable servitudes & water rights
What are the two ways to bind a succes…
equitable servitude operates like
To bind a successor
The remedy for breach of an equitable…
1. real covenants... 2. equitable servitude
a real covenant but easier requirements
1. must be in writing(unless imprlied reciprocal servitude... 2.…
injunctive relief
What are the two ways to bind a succes…
1. real covenants... 2. equitable servitude
equitable servitude operates like
a real covenant but easier requirements
48 terms
Property - Chain of Title, Easements and Servitudes
Ways to Describe Real Estate
Metes and Bounds
Government/Public Land Survey
Subdivision Map
Metes and Bounds, Public Land Survey, Reference Subdivision Map
Starting at identifiable geographic point, describes parcel w…
6 mile townships, divided into 36 one mile sections, divided…
Land subdivided into smaller parcels, map shows where each lo…
Ways to Describe Real Estate
Metes and Bounds, Public Land Survey, Reference Subdivision Map
Metes and Bounds
Starting at identifiable geographic point, describes parcel w…
Property: Servitude Cases
Patrick v Napier
Moncrieff v Jamieson
Compugraphics
Mendelssohn v Wee Pub
1. River to Prop > 1 mile 2. fishing not praedial
1. parking ≠ repug w/own 2. ancillary (but support)
Aircon included in overhang/projection on fixed list
Signage is not on fixed list - CHECK
Patrick v Napier
1. River to Prop > 1 mile 2. fishing not praedial
Moncrieff v Jamieson
1. parking ≠ repug w/own 2. ancillary (but support)
Property Servitude Notes
Must be two neighbouring properties
Must be benefited and burdened propert…
Servitude Requirement 1
Servitude Requirement 2
Contiguous or vicinitas, separately owned
Rights and obligations attach respectively
Right to enter or use another's property
Confer praedial benefit
Must be two neighbouring properties
Contiguous or vicinitas, separately owned
Must be benefited and burdened propert…
Rights and obligations attach respectively
Property II - Servitudes - Easements - 9A, 9B
Servitudes
What are the 5 nonpossessory interest…
Easement
Dominant Tenement
Term that generically refers to family of 5 non-possessory in…
(1) Easement (2) License (3) Profit (4) Covenants (5) Equitab…
A grant of a nonpossesssory property interest land.
Parcel that gets the benefit as a consequence of the easement
Servitudes
Term that generically refers to family of 5 non-possessory in…
What are the 5 nonpossessory interest…
(1) Easement (2) License (3) Profit (4) Covenants (5) Equitab…
REAL PROPERTY (easement, covenant, servitudes)
EASEMENT
Writing requirement (easements)
Dominant estate (easements)
Servient estate (easements)
A property interest held by one person to make use of another…
Usually an easement must be in writing to comply with the Sta…
The land benefitted by the easement
The land burdened by the easement
EASEMENT
A property interest held by one person to make use of another…
Writing requirement (easements)
Usually an easement must be in writing to comply with the Sta…
29 terms
Property: Real Covenants and Equitable Servitudes
real covenants... run
If a plaintiff seeks money damages for…
A real covenant
if the plaintiff seeks equitable relie…
with the land at land and thus the general remedy for their b…
that it qualifies as a real covenant
is a written promise to do or not do something on the land
the promise may be enforced as an equitable servitude
real covenants... run
with the land at land and thus the general remedy for their b…
If a plaintiff seeks money damages for…
that it qualifies as a real covenant
Property II - Covenants - Equitable Servitudes - 11A, 11B
What is a Covenant?
Distinguish Covenant from Easement
How does a Covenant Start Out?
What is Meant By Does the Burden - Run…
(1) A Promise (2) TO DO or NOT DO (3) Something Related to Land
(1) Covenant is not like an easement because it is NOT A GRAN…
(1) A Covenant STARTS OUT AS A MERE CONTRACTUAL LIMITATION RE…
(1) Does the Burden Transfer to the New Owner (ie. are the ne…
What is a Covenant?
(1) A Promise (2) TO DO or NOT DO (3) Something Related to Land
Distinguish Covenant from Easement
(1) Covenant is not like an easement because it is NOT A GRAN…
16 terms
The Law of Easements, Covenants, and Equitable Servitudes
Easement Definition
Negative Easement
Appurtenant or In Gross
Affirmative Easements: How to create
The grant of a nonpossessory interest that entitles its holde…
Remember LASS ... L, Light... A, Air... S, Support ... S, Stream Water fr…
Easement appurtenant: Here there are two parcels involved: a…
Remember PING... P, Prescription ... Acquired by satisfying the el…
Easement Definition
The grant of a nonpossessory interest that entitles its holde…
Negative Easement
Remember LASS ... L, Light... A, Air... S, Support ... S, Stream Water fr…
29 terms
Real Property: Real Covenants and Equitable Servitudes
Which of the following is not required…
If a plaintiff seeks money damages for…
Vertical privity refers to the relatio…
If a party to a real covenant transfer…
There is vertical privity between the covenantor and his succ…
a real covenant.
an original party to a real covenant and his successor in int…
In vertical privity.
Which of the following is not required…
There is vertical privity between the covenantor and his succ…
If a plaintiff seeks money damages for…
a real covenant.
17 terms
Real Property: Easements, Profits, Covenants, Servitudes
Easements, Profits, Covenants, Servitu…
Easements: In General
Easements: Easement Appurtenant Genera…
Easements: Easement Appurtenant--Does…
Easements, profits, covenants, and servitudes are *nonpossess…
As easement holder has the right to use another's tract of la…
An easement is appurtenant when it benefits the holder in his…
Yes. An Easement Appurtenant passes with the transfer of the…
Easements, Profits, Covenants, Servitu…
Easements, profits, covenants, and servitudes are *nonpossess…
Easements: In General
As easement holder has the right to use another's tract of la…
Property Law
Remainder
Vested Remainder
Adverse Possession
Wild Animals
A future interest, in someone other than the grantor, that wi…
no condition precedent AND at time of creation of interest it…
Adverse/ Hostile... Continuous... Required Time... Exclusive... Claim of…
mere pursuit is not enough, need capture. Once captured, and…
Remainder
A future interest, in someone other than the grantor, that wi…
Vested Remainder
no condition precedent AND at time of creation of interest it…
Property Law
Decedent
Escheat
Estate
Executor
person who dies
reversion of property to the state
bundle of ownership rights in, and powers over, realty; also,…
intestate's personal representative appointed to settle the e…
Decedent
person who dies
Escheat
reversion of property to the state
property Freehold Estates and servitudes and notice statutes
fee simple absolute
fee tail
defeasible fees
fee simple determinable
to A ... to A and his heirs ... absolute ownership; no future inter…
to A and the heirs of his body ... lasts only as long as there a…
fee simple determinable ... fee simple subject to condition subs…
Frank Sinatra Didn't Prefer Orville Redenbacher... - to a so lon…
fee simple absolute
to A ... to A and his heirs ... absolute ownership; no future inter…
fee tail
to A and the heirs of his body ... lasts only as long as there a…
Property Law
First Possession
Encourage Labor
Economic Maximization of utility
Democracy
Bright line rule still governs Intellectual Property. Creatio…
property rights conferred if work done by P to land
human happiness; tendency of people to improve or max value o…
redistribution of property
First Possession
Bright line rule still governs Intellectual Property. Creatio…
Encourage Labor
property rights conferred if work done by P to land
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