(M-Pr4) Rights in Land

The right to take something from the land of another,
e.g., A has the right to take gravel from B's land.

The right of one person to go onto the land in possession of another and make a limited use thereof.

An agreement by a landowner to restrict the use of his land.

May be created expressly through:
1) a writing,
2) by implication,
3) by prescription, or
4) by estoppel.

An easement is an interest in land. Therefore, the Statute of Frauds generally requires a writing to create an easement.

An affirmative easement may be created by implication either by prior use or by necessity.

Requires :
1) severance of title to land held in common ownership;
2) an existing, apparent, and continuous use when severance occurs (quasieasement); and
3) reasonable necessity for the use at the time of severance.

Requires:
1) severance of title to land held in common ownership; and
2) strict necessity for the easement at the time of severance.

Requires proof of the use of property that is:
1) open and notorious;
2) actual;
3) continuous (the traditional period for prescription is 20 years) ;
4) hostile; and
5) exclusive .

1) An easement is terminated when the dominant and servient estates come into common ownership;
2) May be terminated by abandonment;
3) Will be terminated when a governmental body acquires the servient estate through an exercise of the eminent domain power.

A promise that attaches to land.
In that covenant, the covenantor promises to do or refrain from doing something on his land.

The following elements must be satisfied :
1) writing;
2) intent;
3) privity;
4) touch and concern; and
5) notice.

1) P can establish at law all of the elements for a covenant that runs with the land, but the plaintiff seeks equitable relief, OR
2) P cannot establish at law all of the elements for a covenant that runs with the land, BUT the plaintiff can demonstrate the relaxed requirements for an equitable servitude.
a) If the plaintiff cannot show that the covenant was embodied in a writing , the plaintiff may prove the covenant through part performance or estoppel.
b) If the plaintiff cannot show intent in a writing for the covenant to run, she may nevertheless establish intent by showing a common scheme.

1) If the owner of two or more lots, so situated as to bear the relation, sells one with restrictions of benefit to the land retained, the servitude becomes mutual, and
2) the owner of the lot or lots retained may not do anything forbidden to the owner of the lot sold, creating an implied reciprocal servitude.

The following factors may show a common scheme:
1) a large percentage of lots expressly burdened ;
2) oral representations to buyers;
3) statements in written advertisements, sales brochures, or maps given to buyers;
4) recorded plat maps or declarat ions.

Covenant
Plaintiff seeks money damages
Breach of contract
Court of Law

Equitable Servitude
Plaintiff seeks to enjoin
non-conforming use
Court of Equity

Requires proof of possession that is all of the following:
1. open, visible, and notorious;
2. actual;
3. exclusive;
4. hostile and under a claim of title or right, and
5. continuous for the statutory period.

Requirements:
1) Parties uncertain/unaware of the true boundary
2) Express or implied agreement as to the location
3) Possession that conforms to the agreement.

Remedy:
Possession awarded as to the "agreed" line (not the "true" line).

PA law does not require that the possessor act in good faith . Pennsylvania courts have the found the term "hostile" to mean the person in possession intends to hold and claim title against the owner.

The time period required in Pennsylvania is 21 years.

An owner of land has no liability if subsiding of neighboring land is caused by natural conditions on the owner's land.

A landowner may be strictly liable if his excavation causes adjacent land to subside (sink).

The state possesses the power to regulate for the health, safety, and welfare of its citizens.
Through an enabling act, the state may delegate to a municipality the authority to protect the welfare of its citizens by enacting a zoning ordinance .

Refers to some promise which affects the use and enjoyment of the involved properties.


Promises to do affirmative acts, especially involving the payment of money, have always plagued the courts in determining whether they touch and concern.