Law School Discussion

Easement or Covenant?

Re: Easement or Covenant?
« Reply #10 on: April 01, 2008, 07:46:23 AM »
Obviously for a person that is uneducated on the topic, I would not know the answer to this following question.

What, if any, are the benefits of considering this matter under the term covenant? Does a covenant have some innate positives about it for one/both parties?

I may be misguided on what the OP wanted. Is he/she looking for a way to consider this scenario as a covenant, or is he/she simply clarifying that this hypothetical is in fact an easement of the sort that he described?

Thank you.

Re: Easement or Covenant?
« Reply #11 on: April 01, 2008, 12:26:12 PM »
Thanks all for the input. You have cleared my mind.

Re: Easement or Covenant?
« Reply #12 on: April 01, 2008, 02:20:40 PM »
How is this an easement appurtenant if only B has the right to use the land?  I don't think the burden runs with the land here, rather, its just granting B a right of use.

Pretty sure this would be an Easement in Gross (personal easement). 

Re: Easement or Covenant?
« Reply #13 on: April 01, 2008, 03:24:12 PM »
How do we know that only B has the right to use the garage?

Re: Easement or Covenant?
« Reply #14 on: April 01, 2008, 04:00:01 PM »
"the owners of house B have the right to use the garage"

Its unclear whether the PARTICULAR owners of house B have the right of use or whether ANY owner of house B has a right of use.  On these facts I think you could argue either way.   

Re: Easement or Covenant?
« Reply #15 on: April 01, 2008, 04:13:50 PM »
"the owners of house B have the right to use the garage"

Its unclear whether the PARTICULAR owners of house B have the right of use or whether ANY owner of house B has a right of use.  On these facts I think you could argue either way.   

Yeah, the fact pattern isn't clear enough to tell.  However, usually when it is unclear courts will go with a easement appurtenant