AEP- Real Covenants and Easements 1.

) Prior Apparent Use, Easement by Necessity, Licenseexpress easement if ask, prescription 2.) Have common owner and severance, yet not continuous use (12 yr gap), not reasonable necessary for enjoyment. John is skrewed. For prior apparent use- (long and continued use, reasonably necessary) buy an easement, license, prescription. 3.)Baked goods dont touch and concern the land. We have horizontal and vertical privity. They still agreed to HOA- allow HOA because they agreed from the beginning, Courts give them privity. Samuel inherited the horizontal privity the burden and benefits. Look for horizontal privity at the time the covenants were created. Also argue equitable servitude and get equitable remedy on notice. 4.) Commercial easements can be transferred can share so long as they dont burden the estate more. Look at reasonableness of them tearing up the lawn(2ndary easement). Look at how reasonable the 2ndary easement is. Allowed to service as long as it doesnt create larger burden. Talk about in gross commercial easements 1st. Long Hypo from AEP 1 FCC- claim- want easement to south highway, cant get it because Harry bought that before Madoff sold odd the top two. No Unity of title, cant get it. Can get easement by necessity through the north because it has to go through the land of the person that created it. FCC would also argue about the restrictive covenants as to the color of the buildings. Can argue it wasnt intended to run with the land because he wanted the structures to be painted the colors of his frat house then sold the property. Harry- cant enforce on color, no privity with FCC. Implied Reciprocal Negative Easement, Equitable Servitude because of notice Nancy- can enforce the colors by real covenant at law or equitable servitude. There was privity. Can take up argument of not necessary to use dirt path, can use a boat. Short Questions AEP 2 1.