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TEST TI P: You must know the distinction between covenants, li censes, easements and profi ts. A covenant runni

with the land is a hybr id concept lying somewhere between an in terest in land (e.g., an easement or a profit ) and

mere personal agreement. A covenant runs with the land when the burdens, benefi ts, or both pass to succeeding

holders of the estate. A li cense, on the other hand, is a mere personal privilege to make use of l and which is gran

by the owner to another. I t i s not an in terest in land and is always revocable except for a li cense coupled with an

nterest. An easement is an i ncorporated interest in property of another that al lows the easement holder the ri ght

make limi ted use of the land of the owner/grantor . Since, it i s an interest in l and, it requir es compli ance with the

Statute of Frauds. Thus, a li cense may be distinguished from an easement since the former requi res no formalit i

for i ts creation as does an easement. A prof it (or prof it a prendre) is a right of one person to go onto the land inpossession of another and take therefrom either some part of the land itself or some product of the land. You can

distingui sh an easement and a profi t by the fact that an easement grants to its holder only the right to use the lan

another, whereas a prof it grants to its holder the right to take either the soil itself or the r ight to take product of th

and such as gravel, mineral s, etc.

Easements, and covenants are both nonpossessory interests in land, but beyond that, there is much to disting

hem. A person who holds an easement has the right to use another's tract of land for a particular person. Fo

MBE purposes, some heavily tested areas in respect to easements involve the creation, (including expressly an

mpliedly created easements), as well as the termination of easements.

Covenants, normally found in deeds, are written promises to do something on the land, or written promises toefrain from doing something on the land. The most heavily tested area in respect to covenants deals with

determining whether a covenant "runs with the land," so that subsequent owners are benefited or burdened b

he covenant regardless as to whether the covenant was in their specific deed.

Both the burden and the benefit of the covenant can run with the land. For the burden to run, the original

ovenanting parties must have: (1) intended that successors in interest would be bound; (2) the subsequent

purchaser for value must have had notice (actual, inquiry or record) of the covenant; (3) there has to have be

horizontal privity between the original covenanting parties (for example a grantor-grantee relationship); (4)

here has to have been vertical privity (the subsequent purchaser must hold the entire durational interest held

by the covenantor at the time he made the covenant; and (5): the covenant must touch and concern the land.

The requirements for the benefit of the covenant to run with the land are the same, though there are less of

hem. Intent, vertical privity, and touch and concern, are all that is required.

EASEMENTS

HYPO:Betty is granted an easement by Grant for a 20 ft. road. She receives this easement by express grant, but nevecords. betty uses the road and ultimately paves a 30 ft wide road and begins using it for part residential and part

ommercial use. Grant sells his land (the servient tenement, the land that is burdened by the easement) to Buyer.

SSUES:I) Does Betty have a valid easement?

1. Is the easement appurtenant or in gross?

2. Is the easement affirmative or negative?3. Creationhow was the easement created (PING)?

4. Scopewhat is the scope of the easement? was the scope exceeded/overburdened?

5. Was the easement terminated?II) Does Buyer take the land subject to Bettys easement?

1. Notice

-Actual Notice-Inquiry Notice

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-Constructive Notice

2. Recording Act Statutes

3. Warranty Deeddiscuss the present & future covenants (6 total)

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Real Property: Easements

Easements come up in quite a number of contexts on the MBE. Two areas that you'llneed to know well are the creation of easements, and the termination of easements.

Creation of Easements:

An easement can be created through an express grant. Because an easement is annterest in land, the Statute of Frauds applies, and any express grant of an easement

must be in writing, and signed by the party to be charged (in this case, the holder of tservient tenement--the person whose land will be burdened by the easement). Agrantor can also convey title to land but reserve for himself the right to continue to uhat land for a specific purpose. In essence, the grantor has reserved an easement for

himself, and as such, the same formalities for an express grant apply.

Another method of creation, and one that is often tested, is an easement by

mplication. The important difference here is that an easement by implication need ncomply with the Statute of Frauds, and, therefore, a writing is not required.

One easement by implication is an easement implied from existing use. There are strrequirements that have to be satisfied for this easement to apply. Look for a situationn which there is one tract of land. Prior to the division of that single tract, an appare

and continuous use exists on the part of the land that is not being granted to anotherThat use is necessary for the enjoyment of the part of the land that is being granted tanother. Finally, the court must determine that the parties to the transaction intende

he use to continue after the division of the land.

The next easement by implication is an easement by necessity. An easement bynecessity arises when a landowner sells a portion of his tract and by this divisiondeprives one lot of access to a public road or utility line. The owner of the land that isnow deprived of such necessity has the right to cross the tract of land that will allowhe owner to reach the public road or utility line.

Finally, an easement by implication can be created by prescription. This is, essential

adverse possession. Acquiring an easement by prescription requires that one usesanother's land (rather than possesses the land as in traditional adverse possession) ahat the use is open and notorious, adverse, continuous and uninterrupted, for the

statutory period.

Termination of Easements:

Not unlike the creation of easements, easements can be terminated in a variety of

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ways. One is by stated conditions in the writing of an express easement. The originaleasement grant can specify when or under what conditions the easement willerminate.

n addition, an easement can terminate due to merger. If the same person acquiresownership of both the easement and the servient estate, the easement is destroyed. Sfor example, assume that X is the owner of an easement allowing X to cross over Y's

and. If X subsequently purchases Y's land from Y, X's easement over Y's landerminates, as X now owns the easement, and the servient estate, causing the easemeo merge into the servient estate.

The holder of the easement can also abandon the easement. In order for abandonmeo apply, the holder must demonstrate by physical action (for example, building a wahat blocks access to the easement) an intent to permanently abandon the easement.

Note these requirements carefully, as a correct answer choice will often ride on therequirement of intent. Merely expressing a wish to abandon will not suffice.

However, if the intent to permanently abandon the easement is not obvious, consideestoppel as a method of termination. Oral expressions of an intent to abandon, withoany physical action accompanying that expression, generally do not rise to the level oabandonment of the easement. But if the owner of the servient estate changes hisposition in reasonable reliance on the representations made by the owner of theeasement, the easement terminates through estoppel.

f an easement was created by necessity, the easement expires as soon as the necessi

ends.

Lastly, an easement can terminate by prescription, just as an easement can be createhrough prescription. To terminate by this method, there must be an adverse,

continuous interruption of the use of the easement for the statutory period.

NTERESTS IN LAND1) Estates

2) Easements

3) Covenants4) Equitable Servitudes

5) Options

6) Security Interests

COVENANTS & SERVITUDES

Land subject to obligations or use restrictions is conveyed and the question raised is: Does a covenant bidn currentowners?orDoes an equitable servitude now restrict land use?

EASEMENTS

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An easement is claimed or suggested. The question raised is: Was an easement created, and does it stille exist?

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EASEMENTS

Types

1) Easement Appurtenant

2) Easement in Gross

Creation of Easements

Express Agreement

By ImplicationBy Prescription

Transfer of Easements

Use of Easements

Repair of EasementsTermination of Easements

LICENSES & PROFITS

License

Failed Easement

Irrevocable licenseProfits

RESTRICTIVE COVENANTSCovenants running with the land at law

4 Requirements for a covenant to run with the land at law:

Equitable Servitudes

3 Requirments to enforce equitable servitude1. ESs in subdivisions (aka reciprocal negative servitudes)

2. Equitable defenses to enforcement

3. Termination of ES