cases Flashcards
green v. lupo
motorcycle: and easment is not in gross if anything in the deed indicates that it is connected to the land
cox v. glenbrook
an apputertenant easement runs with the land even when subdivided, can maintain the easement
henley v. continental cable
when gross easement is exclusive it is apportionable
granite properties
8 interences of intent
shopping center
8 inferences of intent.
1. who is claiming the easement
2. terms of the conveyance
3. consideration
4. was there a simultaniouse conveyance
5. extent of necessity
6. manner in which the land was used prior
7. was the manner of use know to the parties
finn v. williams
roads closed not way off farm
dormant easement
neponsit
increase of Touch and concernt to PUPE
in substance not in form
berger
mass case wiht 30 years covenant
rules for extension need to be in origina document
evans v. pollack
easetmetn
lakefront case
balaning values of both parties
characteistics of the land
time was an isseu
commone general scheme
not all parcels intended to have the burden
simmons properties
need to look at:
does the change lessen the utility of the easemetn
- increase the burden on the onwer of the easemetn in it use or enjoyment
- does it frustrate the purpose for which it was created