Servitudes: RCs, Express Easements, Implied Easements, Equitable Servitudes

1
Servitudes RCs, Express Easements, Implied
Easements, Equitable Servitudes

• A Smaller Hammer but a smaller zone of impact

2
Types of Servitudes

• Terminology
• License
• Profit
• Easement
• RC
• In gross
• Appurtenant

• Forms
• Negative obligation
• Affirmative use
• Affirmative obligation
• Dominant estate
• Servient estate

3
Express Easements Creation

• Bob can in writing grant an easement for ingress
  and egress over Bobacre to the owner of
  Susieacre.

• Stranger to title rule?

4
RCs

• What they are
• How they are created a writing and
• Intent
• TC
• Horiz privity
• Vertical Privity

• What they can do
• Almost anything!
• Look at Clearwater RCs
• Raintree
• Egermayer
• Contract principles but bias toward free use of
  land
• Statutes may affect meaning

5
Implied Easements

• What they are
• Light, air
• Access
• Many other things, but typically fight is over
  access (ingress and egress)

• How they are created
• Necessity w/out prior use
• Necessity w/prior use
• Prescriptive
• Estoppel
• Public dedication
• What they can do
• Balancing of interests
• Fixed?
• If fixed, move?
• Change use? Increase use?

6
Implied Equitable Servitudes

• What they are
• How they are created
• Sanborn, Terry, Anderson

• What they can do maintain uniformity

7
Abandonment Termination

• Termination

• Abandonment