Ass. 19: Express Easements

Question 1

factors considered to determine intent of parties creating an easement

Answer 1

• whether the easement was granted or reserved
• amount of consideration
• prior use of land burdened by the easement
• language of the grant

Question 2

unilateral relocation majority

Answer 2

prohibits either party from unilaterally relocating the easement where the location has been fixed

Question 3

unilateral relocation minority

Answer 3

allows servient owner to unilaterally relocate the easement as long as it still provides the dominant owner similar benefits

Question 4

may the easement holder increase the intensity of the use?

Answer 4

yes, but it must be from the development of the dominant estate as long as it doesn’t unreasonably burden the easement

Question 5

change in kind of use of the easement

Answer 5

not allowed

Question 6

use of easement to reach non-dominant land

Answer 6

• considered trespass or misuse
• owner of an appurtenant easement may not use or permit the use of the easement to reach land that is not part of the dominant estate

Question 7

duty to repair/maintain

Answer 7

• dominant holder has the duty unless theres express language indicating otherwise
• as long as the sevient estate is not overly burdened

Question 8

servient owner duty

Answer 8

refrain from interfering w dominant owners use and enjoyment of the easement

Question 9

Burden of proof if the grant does not specify then length, width, and location of the easement

Answer 9

party opposing the use of the easement has the BOP that that portion was not meant to be used