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1.
An act abandoning it
o
Lost
2.
3.
4.
5.
Not lost but mislaid - when its more likely that the owner
will recover it later
EX: coat check not responsible for ring inside coat if not
aware but would be responsible for keys because its reasonably
expected to be in a coat
Continuous
Statutory period
o
6.
No tacking is allowed
For value
Without notice
o
Quiet title - to grant a declaratory judgment that adverse
possessor has become the owner through adverse possession
7.
Not a valid title b/c never signed but not valid under law
Ineffective title
8.
9.
Elements:
o
Servient tenant consents to the
dominant tenant's use
o
Servient tenant knows or should
know
Constructive trust
Implied by necessity
o
Only applies to land-locked
parcels
Easement by estoppel
Prescriptive easement
Implied Easements
o
Necessity
o
Prior use (quasi easement)
Oral easements
Natural duration
Merger
Release
Abandonment
o
Condemnation
Prescription
Estoppel
Change in conditions
New laws
Writing
Notice
Actual
Inquiry
Constructive
If no notice, it doesnt run with the land
Intent
Express language
Inference from circumstances
Presumed to be intended to run with
the land when it touches and concerns
the land and benefits the owner of
neighboring land
Privity of estate
Horizontal privity (between original covenanting
parties)
Some transfer of property in which the
covenant is made OR some common
interest in the land independent of the
covenant
Instantaneous = when the covenant is
created in the transfer of property
Mutual privity (simultaneous) = when
both owners have interest in the same
parcel of land like a landlord-tenant
relationship
Can be a sale, lease, or an easement
Excludes:
two people made an agreement
BUT NOT a conveyance of interest
in land
Agreements NOT MADE AT THE
SAME TIME as the conveyance of
property interest is burdened or
benefitted by the covenant
Can create privity by selling it to lawyer
who sells it back
Vertical privity (between the succeeding
owners) (minority rule)
Where there's a transfer of an ENTIRE
ownership (durational sense), there's
strict vertical privity (can't lease or
retain any future interests in the land)
Sales, but not leases
Where its a lease (temporary) its NOT
vertical privity
Modern trend, relaxes the strict vertical
privity and allows burden to pass to
subsequent possessors regardless of
future interests (Restatement drops the
vertical privity requirement)
Touch and concern
Writing
Notice (Actual, Inquiry,
Constructive)
Intent to run with the land
Touch and Concern
Privity of Estate (Horizontal &
Vertical)
Writing
Intent to run with the land
Touch and Concern
Privity of Estate (Vertical)
Damages
Damages
Equitable Servitude - Burden Equitable Servitude - Benefit
to Run
to Run
Writing
Notice
Intent
Writing
Intent
Touch and Concern
Injunctive Relief