Termination of Easements; Servitudes

These flashcards are based on the class notes that we took on March 24th

Servitudes

Legal rights or obligations attached to a property that affect its use, often including easements.

Release

The act of the dominant owner freeing the servient owner from the encumbrance of an easement.

Merger

The combination of dominant and servient parcels of land, resulting in the easement merging with the fee simple interest.

Abandonment

When the dominant owner stops using the easement and shows clear intent to give up that right.

Prescriptive Easement

A right to use someone else's property acquired through continuous and adverse use over a period of time.

Easement by Necessity

An easement created when access to a property is essential for its enjoyment; can extinguish a prescriptive easement.

Estoppel

Prevents a servient owner from asserting rights due to reliance on the dominant owner's implied abandonment.

Condemnation

The process by which the government uses eminent domain to take property, providing compensation to the owner.

Recording Act Impact

The rule that unrecorded easements can be lost to a subsequent buyer who purchases without knowledge of the easement.

Changed Circumstances

A situation where modifications render the purpose of an easement impossible to fulfill, potentially terminating the easement.

Covenant

A promise or agreement in a deed that stipulates certain actions or restrictions concerning a property.

Privity of Contract

The relationship between the original parties to a contract that binds them to its terms.

Horizontal Privity

The relationship between original covenanting parties—specifically, grantor and grantee.

Vertical Privity

The relationship between the original parties and their successors, such as seller and buyer.

Touch & Concern

A requirement that a promise affects the land rather than the individuals, ensuring enforceability against successors.

Notice

Awareness that a subsequent owner must have regarding covenants affecting the land when acquiring the property.

Fee Simple Absolute

The highest form of property ownership, with full rights and no specific claims conflicting with the owner’s use.

Encumbrance

A burden on a property such as an easement or lien that affects its value or use.

Dominant Owner

The party that benefits from an easement, allowing them to use another's property.

Servient Owner

The owner of the property that is burdened by an easement.

Statute of Limitations

The law that sets the maximum time after an event within which legal proceedings may be initiated.

Compensation

Payment received by the dominant owner when their easement rights are taken under eminent domain.

Completion Certification

Documentation that verifies the completion of a project or obligation, often necessary in property agreements.

Easement

A legal right to use another's land for a specific purpose.

Original Parties

The individuals or entities that initially enter into a contract or agreement, thereby binding themselves to its terms.

Unilateral Interpretation

Analyzing or acting upon a contract or deed based on one party's understanding without consideration of the other's.

Property Rights

Legal rights associated with the ownership and use of property.

Equitable Servitude

A promise regarding land use that is enforced in equity, typically involving injunctions as the remedy.

Injunction

A court order that requires a party to do or refrain from doing specific acts.

Covenants Running with the Land

Promises that bind successors in interest affecting the use or enjoyment of the property.

Adverse Use

Use of a property that conflicts with the rights of another owner, potentially leading to prescriptive rights.

Land Use

Regulations governing how land can be used and developed in accordance with zoning laws and agreements.