Covenants and equitable servitudes Bar Exam Flashcards - Medical Study Cards
Master Covenants and equitable servitudes with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Covenants and equitable servitudes Flashcard Deck - 8 Cards
Flashcard 1: Which type of land-use restriction, a real covenant or an equitable servitude, traditionally requires horizontal privity for its burden to run with the land?
Answer: A real covenant.
Flashcard 2: What elements are generally required for an equitable servitude to bind successors?
Answer: The claimant must show a writing satisfying the Statute of Frauds or an applicable exception, intent that successors be bound, notice to the successor, and that the restriction touches and concerns the land or satisfies the Restatement’s benefit-and-burden test. The restriction must also be enforceable under any applicable public-policy limitation.
Flashcard 3: What are the key rules governing the scope, transfer, and termination of an easement?
Answer: • Scope: Use must remain within the easement’s purpose and may not materially increase the burden on the servient estate.
• Transfer: An easement appurtenant runs with and benefits the dominant estate and generally cannot be transferred separately. A commercial easement in gross is generally assignable unless the instrument or circumstances indicate a personal, nonassignable right or the transfer would materially increase the burden.
• Termination: Abandonment generally requires intent to relinquish plus conduct showing that intent; nonuse alone ordinarily is insufficient. Estoppel may bar enforcement when the holder’s conduct reasonably induces detrimental reliance. An easement may also be extinguished by merger of the dominant and servient estates, a valid release, or condemnation incompatible with the easement. In some jurisdictions, adverse use by the servient owner that is inconsistent with the easement and continues under a claim of right for the statutory period may extinguish it by prescription. A conveyance by the servient owner does not, by itself, extinguish the easement.
Flashcard 4: When the dominant estate is transferred, how does an easement appurtenant differ from a commercial easement in gross regarding assignability?
Answer: An easement appurtenant passes automatically with the dominant estate, even if not mentioned in the deed. A commercial easement in gross is generally assignable unless prohibited, but its assignability depends on its nature and the creating instrument.
Flashcard 5: What elements are required to establish an implied easement from prior use?
Answer: An implied easement from prior use requires: (1) common ownership of the dominant and servient parcels at one time, (2) severance of the parcels, (3) an apparent and continuous use of the servient parcel for the benefit of the dominant parcel before severance, and (4) reasonable necessity for the use at the time of severance.
Flashcard 6: What are common methods for terminating an easement?
Answer: An easement may terminate by its express terms, release, merger of the dominant and servient estates, abandonment shown by intent to abandon plus an act or omission, estoppel, prescription, or an end to the necessity for an easement by necessity.
Flashcard 7: What elements are generally required to create an easement by necessity?
Answer: An easement by necessity requires severance of commonly owned parcels, necessity for access at the time of severance, and the necessity must result from the severance. It generally lasts only while the necessity continues.
Flashcard 8: What is the default form of concurrent ownership when a conveyance does not specify otherwise?
Answer: The majority rule is that co-owners take as tenants in common, with each owning an undivided fractional interest. A joint tenancy requires language creating survivorship, and a tenancy by the entirety generally requires a conveyance to married spouses where recognized.
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