Exam Q & A

Following are responses to questions asked by some of your peers. To ensure equitable access to information, I will post questions and my responses for those issues I think are of interest to all.

Q: Is it safe to say that if the parcels of land are not touching, they are automatically In Gross Easements? And then if the parcels are touching, the easement can be either In Gross or Appurtenant.

A: Not quite. In Gross easements are those that are attached to the holder, not the land; proximity alone is not the test. That is, for In Gross Easements, the servient land is burdened, but there is no dominant land. So, it is possible to have an easement Appurtenant with dominant land that does not touch the servient land. Imagine land in a development that provides every parcel of land in that development an easement to cross a parcel of land leading to a beach. The benefit attaches to dominant land perhaps 3 blocks away, but guarantees the owner of that parcel access to the beach via the servient land. When parcels are touching, certainly you are correct, the easement can be either In Gross or Appurtenant, depending on whether the easement is attached to a dominant parcel of land or the holder.

Q: Is an equitable servitude the same thing as a covenant?

An equitable servitude is similar to a covenant. Both are a promise related to the land that binds the original parties and their successors, heirs, and assigns. The difference is that a party enforcing an equitable servitude will seek an injunction rather than damages. Thus, they differ in the relief sought, but are otherwise essentially similar.

Q: Am I correct that the exam will consist of multiple choice, short answer, and ONE essay?

A: That is correct. The exam will include multiple choice, short answer, and one essay question. Note, though, that the essay question may have multiple parts (that is, a couple questions related to the fact pattern). This is because I usually try to provide a little guidance as to what I am asking. Some professors might ask one question. For example, What are the possible claims and the likely results of those claims for each of the parties? I will usually break it out to ask more specifically. For example, (a) What are the claims related to Whiteacre? (b) What are the possible problems related to Jim's claim?