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use the property in a way that interferes with the easement(f)For statutory period(8) NOTE: Very hard to do with co-tenants, requires more than just ouster!!!e)Easements by Estoppel- An easement by estoppel may be created to prevent unjustenrichment when there is good faith, reasonable detrimental reliance on permission 24
Friday, May 13, yby a servant estate holder. This is different from an easement by prescription be-cause prescriptionrequires the use to be hostile (no permission given). Holbrook v. Taylor – H gave T’s predecessor license to cut road on H’s land(a)Elements(i)Servient owner consents to dominant owner’s use(ii) Servient owners knows/should know dominant owner will materiallychangehis position believing that permissive use would not be revoked(iii)Dominant owner substantially changes his position by investmentin eitherthe dominant or servient estate(9)Subsequent purchaser is bound through inquiry notice(10)RTP §2.10 – Investment in improvements in either estate may result inestoppel(a)§4.1 cmt. g – Reasonable expectations creating the servitude define its scope.f)Negative Easements- A negative easement (or “restrictive covenant”) prevents the owner from using land in particular ways. To be valid, a negative easement must be expressly created by a writing signed by the grantor and it is typically recognized only in relation to restricting use of light, air, support, or stream water from an artifi-cial flow. II)ProfitsAn easement that confers the right to enter another’s land and remove specific re-sources (such as oil, gas, minerals, timber, or game). Profits can be exclusive or non-exclusive but are usually non-exclusive. Exclusive means that the holder of the profit has an unlimited and exclusive right to the the subject matter of the profit from the land. non-exclusive, the right to take the profit is limited by time, quantity, or use, or it is shared with another. III)Equitable ServitudesCovenants about land use that are enforced at equity by injunction. Requirements: a)intent for the restriction to be enforceable by successors in interest for the benefit to run and enforceable against successors in interest for the burden to run. b)servitude must touch and concern the land; and25
Friday, May 13, yc)the person against whom the servitude is to be enforced must have notice of the servitude. 7) NuisancePrivate Nuisance- If the land is an invasion by intangibles (Odors or noises) that unrea-sonably interfere with a private individual’s use or enjoyment of her property, the pos-sessor may bring an action for private nuisance. Public Nuisance- Invasion by intangibles that unreasonably interfere with the health,