SERVITUDES ASSIGNMENT
OVERVIEW:
Chapter 32 (Easements)
Chapter 33 (Real Covenants)
and 34 (Equitable Servitudes) in the Understanding Property Law text discuss servitudes, which are grants or promises that affect the use of land.
The law recognizes differences between these servitudes, but the larger point of the law is that private restrictions may be imposed on privately owned property and, thus, encumber the title to such property.
It is essential to understand the limits of an owner’s use of his/her own land and other property rights. Law makers and courts continue to deal with servitudes. This makes it important to understand the differences between these three types of servitudes.
INSTRUCTIONS:
As a practical exercise to learn the typical methods by which land use is restricted and/or benefitted.
You are required to write an outline that summarizes one type of easement, the real covenant, and the equitable servitude with the following information:
1. a definition of each servitude
2. a description of the rights and duties of those who hold the benefits and are subject to the burdens of each servitude
3. an example of the language and instrument that effectively creates each servitude
4. an example of the language or event that effectively terminates each servitude
The required examples listed above must be obtained from a court opinion, a legal treatise, or a case cited in the textbook’s footnotes. Do not use the author’s examples.
Written as a Word document, the paper must use the framework of an outline for insertion of the required information in a succinct, brief manner, as follows:
• The outline must be 3 pages, with 1-inch margins, left justification, and paginated at the bottom-center of the page.
• The outline must use footnotes that reference the legal authority for all definitions, descriptions, and examples.
• A minimum of 6 references are required for each of the three servitudes, for a minimum of 18 footnote citations.
• The footnotes must be cited according to the current Bluebook: A Uniform System of Citation.
• To illustrate the outline format, use the template example below:
I. [state the selected Easement, Real Covenant, Equitable Servitude]
A. Definition of [selected selected Easement, Real Covenant, Equitable Servitude].
B. Description of the rights and duties of those who hold [selected Easement, Real Covenant, Equitable Servitude]
C. Example of language and document that creates the [selected Easement, Real Covenant, Equitable Servitude].
D. Example of language or event that effectively terminates the [selected Easement, Real Covenant, Equitable Servitude]
Note: Your assignment will be checked for originality via the SafeAssign plagiarism tool.
