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MBE Property > 6. Easements > Flashcards

6. Easements Flashcards

1
Q

What is a Profit in Land?

A

A profit is a nonpossesory interest in land where the holder has the right to take resources or remove something from the land of another.

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2
Q

How is a Profit in Land created?

A

Profits can only be created expressly or by prescription.

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3
Q

Are Profits in Land transferable?

A

Yes, when the dominant tenement is transferred, the benefit of a profit appurtenant follows the transferred estate.

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4
Q

How are Profits in Land terminated?

A

Profits in land are terminated the same as easements.

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5
Q

What is a License in Land?

A

A License is a privilege, usually oral, to do something on someone else’s property.

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6
Q

Is writing required to create a License in Land?

A

No, writing is not required to create a license in land.

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7
Q

Are Licenses in Land transferable?

A

No, because a license is personal, it is not transferable unless the licensor intends so.

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8
Q

When does a License in Land expire?

A

A license in land expires:

  1. the death of the licensor; or
  2. the conveyance of the servient estate.
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9
Q

Is a License in Land revocable?

A

Yes, a license is generally revocable at the will of the licensor.

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10
Q

What are two situations where a License in Land may become irrevocable?

A
  1. When someone owns personal property on another’s land with a privilege to access and use the land; or
  2. When a licensee invests a substantial amount of money into the licensed area of land.
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11
Q

What is an Easement?

A

An Easement is a nonpossesory interest in the land of another for a specific use.

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12
Q

What are the four types of Easements?

A
  1. Affirmative easements
  2. Negative easements
  3. Appurtenant easements
  4. Gross easement.
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13
Q

What is an Affirmative Easement?

A

An affirmative easement gives the holder the right to do something on the land.

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14
Q

What is a Negative Easement?

A

A negative easement is a WRITTEN agreement that gives the holder the right to prevent a landowner from doing something on his land.

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15
Q

What is an Appurtenant Easement?

A

An easement appurtenant benefits the dominant estate and transfers automatically with it.

An appurtenant easement allows property owners to access land that is only accessible through a neighbor’s land.

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16
Q

What is a Dominant Tenement/Estate?

A

A Dominant estate is an estate that is benefited by the easement.

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17
Q

What happens when a Dominant tenement/Estate is transferred?

A

The benefit of an easement follows the transferred estate.

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18
Q

What is a Servient Tenement/Estate?

A

A Servient Estate is land burdened by the easement.

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19
Q

When is there No Easement Appurtenant?

A
  • If the easement is not linked to the land
  • Across land that was once owned but previously conveyed
  • A deed creating an easement in favor of a third party.
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20
Q

What is an Easement in Gross?

A

Easement in Gross benefits a person or entity rather than a piece of land, with no dominant estate involved.

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21
Q

Can an Owner of an Easement in Gross make repairs to the easement?

A

Yes, the easement holder in gross can make repairs needed for use and enjoyment.

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22
Q

When is there No Easement in Gross?

A

There is no Easement in Gross if the deed benefits any owner of the dominant estate, not just the original holder.

23
Q

Can Easement in Gross be transferred?

A

Yes, an easement in gross can be transferred if the grantor intends so and it is commercial in nature.

24
Q

What is the Duty of an Easement Owner for Maintenance and Repairs of an Easement?

A

The owner of the easement is responsible for reasonable maintenance and repairs.

25
Q

What is the Rule for Easements in Light, Air, Water, and Lateral and Subjacent Support?

A

There is no right to an easement for light, water, and lateral and subjacent support unless a writing is executed.

26
Q

How are Easements created?

A

Easements can be created expressly, by implication, or by prescription.

27
Q

What is an Express Easement?

A

An easement by express grant must be recorded, signed by the grantor, and comply with deed formalities.

28
Q

What happens when an Express Easement is transferred?

A

Transferring the servient estate also transfers the burden if the dominant tenement holder complies with the recording statute.

29
Q

What are implied easements?

A

Implied easements are created based on the intention of the parties and surrounding circumstances.

30
Q

What are three types of Implied Easements?

A
  • Implication by Prior Use
  • Implication by Necessity
  • Implication by Plat.
31
Q

What is an Easement Implied By Prior Use?

A

An easement implied by prior use arises when two formerly unified land parcels had a necessary use before being divided.

32
Q

What are the four requirements of an Easement Implied by Prior Use?

A
  1. Common Ownership: Both parcels were originally part of a single property under one owner.
  2. Severance: The property was divided into separate parcels through sale or transfer.
  3. Apparent and Continuous Use: Before the division, there was an obvious and ongoing use of one part of the property benefiting another.
  4. Reasonable Necessity: The continued use of the easement is reasonably necessary for the enjoyment of the dominant estate (the benefited parcel).
33
Q

What is an Easement Implied By Necessity?

A

Easement Implied by Necessity occurs when a landowner conveys landlocked property, creating an automatic right of access.

34
Q

What are the three requirements of an Easement Implied By Necessity?

A
  1. Common Ownership: The parcels were once part of a single property under one owner.
  2. Severance: The property was divided, and one parcel became landlocked.
  3. Necessity: The landlocked parcel requires access through the other parcel to reach a public road; without this access, the property cannot be reasonably used.
35
Q

What is an Easement by Plat?

A

A buyer in a platted subdivision acquires an implied easement to use streets, alleys, and parks.

36
Q

What is an Easement by Prescription?

A

An easement by prescription is gained by adverse possession through actual, open, notorious, and exclusive use for the statutory period.

37
Q

What happens when language creating the easements expressly limits its use?

A

The easement is limited to the purpose stated.

38
Q

What happens when language is not specific as to the use of an easement?

A

The easement holder can make reasonable use of the easement.

39
Q

What happens when an Easement holder makes Unreasonable Use of Easement?

A

It is called surcharging, leading to damages for the servient estate owner and an injunction to stop further surcharging.

40
Q

What are the three methods that an easement can be terminated?

A
  1. Destruction of the servient estate
  2. Termination based on the actions of the easement holder
  3. Termination based on actions of the owner of the servient estate.
41
Q

How does Destruction of the Servient Estate terminate an easement?

A

Destruction of the servient estate will terminate an easement unless intentionally caused by the owner of the servient estate.

42
Q

What are the Five Types of Termination Based on the Actions of the Easement Holder?

A
  1. Merger of Title
  2. Written Release
  3. Abandonment
  4. Estoppel
  5. Severance.
43
Q

What is Merger of Title by Easement Holder?

A

Merger of Title occurs when the owner of the dominant estate also acquires the servient estate.

44
Q

What is a Written Release by Easement Holder?

A

A Written Release expressly terminates the owner’s rights in the easement.

45
Q

What is Abandonment by Easement Holder?

A

Abandonment requires proof of intent to abandon and an affirmative act in furtherance of the intent.

46
Q

What is Estoppel by Easement Holder?

A

Estoppel occurs when the servient estate owner relies on the easement holder’s actions or abandonment.

47
Q

What are the three requirements for Estoppel by Easement Holder?

A
  • An act or representation regarding the easement
  • Justifiable reliance on that act or representation
  • Damages.
48
Q

What is Severance by Easement Holder?

A

Severance occurs when the owner of the dominant estate tries to sever the easement from the dominant estate.

49
Q

What are the Three Types of Termination Based on Actions of the Owner of the Servient Estate?

A
  • Prescription
  • The Servient Estate is Sold to a Bona Fide Purchaser
  • End of Necessity.
50
Q

What is Prescription By the Owner of the Servient Estate?

A

The owner interferes with the use of the easement for the statutory period.

51
Q

What is the Sell to a Bona Fide Purchaser by the Owner of the Servient Estate?

A

The servient estate is sold to a bona fide purchaser who pays value and takes without notice.

52
Q

What is the End of Necessity by the Owner of the Servient Estate?

A

The easement ends when the necessity ends for an easement created by necessity.

53
Q

What are the ways an easement may be terminated?

A
  • When its term ends
  • When released by the holder of the dominant estate
  • When dominant and servient estates come into common ownership
  • By abandonment
  • By estoppel
  • By prescription
  • When a governmental body acquires the servient estate through eminent domain.

MBE Property (13 decks)

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