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The right to use someone's land
Easement
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An easement will last forever, unless
terminated
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Easements are terminated by
MAAT: Agreement, time, merger, abandonment
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Person has to use others property because they have no other way to get off their land
Easements Necessity
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Easement implied by prior use
Easements by implication
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Easement where you only have the right to do something
Easement by prescription
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Express or implied easement
Easement by writing
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Terminating an easement via abandonment requires
- Leaving and expressing the intent not to return
- - Nonuse is not enough – must notify about non plans for abandonment
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Allows you to do something on property or restrict activity
Covenant
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Means there is a promise to DO something related to the land (i.e. paint and adjoining wall, or maintain a common fence)
Affirmative covenant
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Promise to REFRAIN from doing something related to the land, (i.e. don’t build an ice cream shop, don’t block my view, don’t have a trigger petting zoo in your land)
Negative covenant-
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Covenants are creative in ____ and generally
writing, always last forever (run with the land)
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Covenant “runs with the land” if:
WITH-N: Writing, intent, privy, touch and concern the land, notice
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covenants Won’t touch and concern the land if:
The covenant is personal
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Transfer in interest in land with a connection other than promise and consideration for the promise
privity
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privity where You gave the person you sold the parcel to the FULL estate.
Vertical privity
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Vertical Privity= Costco’s because?
Because you are selling a party the whole interest --> wholesale
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We ONLY need horizontal privity when analyzing whether the ___ runs.
burden
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