Affirmative Easements/Prescriptive Easements/Termination of Easements

Question 1

i) Express Easements:

Answer 1

given by deed/grant/reservation (contractual)

Question 2

ii) Easements by Operation of Law:

Answer 2

(1) Easements by Necessity

(2) Easements by Implication

Question 3

(1) Easements by Necessity

Answer 3

implied when prop is landlocked; easement necessary to get to road

(a) Private owner allowed to condemn portion of servient estate and pay just comp
(b) Hellberg: since no other way to get to public road, easement implied for road across ∆’s prop

Question 4

(2) Easements by Implication:

Answer 4

Implied when reas. to expect eas for beneficial use of prop (obvious/manifest use; reas. necessity in order to maintain quiet enjoyment of dominant estate)

Question 5

Prescriptive Easements

Answer 5

acquired by open, notorious, continuous, adverse use of land under claim of right [for a period of time]

Question 6

MacDonald:

Answer 6

PE created by continuous use over long period of time w/o Landowner interference (relaxed standard of hostile/adverse requirement)

(a) F: golf course; prop owner allowed golfers to enter/get golf balls; subsequent owner eventually sued not to allow such activity–>For golf club: PE not a license
(i) problem: golfers are not technically agents of course–>expansion of “agency” element (license intended for class of people)
(ii) FT: if π would have immediately excluded golfers, maybe there is a better case for revocation

Question 7

Termination of Easements:

Answer 7

by terms; unity of title, release, abandonment; lack of necessity; prescription

i) Abandonment: aff’tive, intentional action implying abandonment; non-use =/= aban.
(1) Presault: rr removed equipment, discontinued; st said use had ceased–>abandoned; ED must be invoked