Creation of Easements

Question 1

Easements By Implication

Van Sandt v. Royster

Answer 1

Issue: Was An Easement By Implication Created Based on the Original Conveyor’s INTENT?
Analysis:
1) Did the Quasi-Easement exist prior to the partition?
yes, it existed when the property was one parcel.
2) Was an easement by implication created? YES. Meets 5 factors
- Reasonable necessity
- Intent of the parties
- Knowlege / notice or prior use
- Purchase Price
- Difficulty or expense of alternative access.

Question 2

Factors for Implied Easements

Answer 2

1) Reasonable Necessity: Alternative access cannot be obtained without substantial expenditure, or waste
2) Intent of the Parties to the Conveyance: Circumstances under which the conveyance was made (Not the Language).
3) Knowledge or Notice of the Prior Use
4) Purchase Price
5) Expense of Alternative access.

Question 3

Easements IN GROSS

Generally + Assignability

Answer 3

• Does not Benefit the Land (Benefits the individual)
• No Dominant Estate (only a Servient Estate)
• Must be clear from the express grant or from surrounding circumstances (Easements Appurtanent = Favored)

Question 4

Easements IN GROSS

Commercial v. Non-Commercial Easements in Gross

Answer 4

Non-Commercial Easements in Gross (Majority Rule):
Non-Commercial Easements in gross = NOT ASSIGNABLE, unless:
CIRCUMSTANCES OR the DOCUMENT expressly stipulates Assignability.

Question 5

Easements IN GROSS

Non-Exclusive Easements IN GROSS

Answer 5

• Easement holder has the right to use Easement, but
  Servient Estate Owner (Or Exclusive Easement holder) CAN AUTHORIZE others to use the easement.
• Servient Estate Retains the right to decide how many use the easement.

Question 6

Assignability of Easements IN GROSS

Miller v. Lutheran

Answer 6

1) Parties Intended the Easement in Gross to be Assignable. Rights of Fishing and Boating conveyed to Frank C. Miller “and his heirs and assigns.”
2) Easements in Gross which are commercial in nature rather than personal should be assignable.
3) Easement in Gross can be divided but must be used together as a common right.
Dividing a Easement in Gross = both Intent and Burden on the Servient estate must be Reasonable.

Question 7

One Stock Rule:

Answer 7

Must use easements in Gross as One person.
- Any owner can veto/bar the action of another (Meant to Encourage
Reasonable Exploitation of the Easement in Gross, and prevent unreasonable burden on the Servient Estate.

Question 8

Easements Appurtenant

Answer 8

Characteristics:

1) Attaches / Benefits the Dominant Estate.
2) Usually Transferable w/ Dominant Interest.
3) Runs with the Land
4) Both Divisible and Assignable.

Question 9

Easement By Estoppel (or Irrevocable License)

ELEMENTS

Answer 9

1) Owner of the servient estate consents to the dominant estate holders use of Servients Estate
2) The Servient Estate holder knows or should know the dominant estate holder will materially change his position by believing the permissive use will not be revoked.
3) The Dominant Estate Holder reasonably believing the permission will continue SUBSTANTIALLY changes his position by investing in improvements to the Servient or Dominant Estate.

Question 10

Easements Implied by Necessity

Othen v. Rosier

Answer 10

(Severance must cause the Dominant Estate to become Landlocked)
KEY = TIME OF CONVEYANCE SEPARATING THE PROPERTY
P needs to show his land = Landlocked (at the time of severance)
No Adverse Possession when use is Permissive.
Strict Necessity Standard

Question 11

Easement by Necessity (Elements):

Answer 11

1) Unity of ownership prior to partition
2) Roadway is a necessity, not a mere convenience.
3) Necessity existed at the time of severance. (Severance must cause Dominant Estate to become Landlocked.)

Question 12

“Implied Easements”

Easements Implied from Prior Use (elements)

Answer 12

1) Unity Of Ownership - Must have common owner when the pre-existing use was in Place
2) Use in Place before severance - Common Owner engaged in the Use before Severance
3) Use is visible or Apparent at the time of severance (Discoverable by reasonable Inspection)
4) Necessary for the reasonable enjoyment of the dominant estate

Question 13

Strict Necessity

Answer 13

Owner cannot fairly enjoy the estate without the easement.

Question 14

Quasi - Easements

Answer 14

Arise when a use was in place at the time a single parcel of land was severed or divided into two.

• Leaves one parcel benefitting another in some way even though the seller and buyer did not discuss use at the time of sale.
• Emphasis on the intent at the time of severance, not the time of the trial.

Question 15

Termination of Easements

Answer 15

1) Merger - Dominant and Servient Estates held by one person
2) Prescription - Servient estate holder using land in a manner that prevents the easement form being used for a period of statute of limitations, without appropriate response from Dominant owner.
3) Abandonment - Intent to abandon + NONUSE
4) Release = Contractual Agreement
5) Recording Acts - No actual, constructive, or inquiry notice means the servient estate is not bound by the easement.

Question 16

Scope of Easements
Brown V. Voss
(General Rule - Scope of Easements Cannot Be Expanded)

Answer 16

RULE:
Easement appurtenant to one parcel MAY NOT be extended by the owner of the Dominant Estate to other parcels owned by him, whether adjoining or distinct tracts, to which the easement is not appurtenant.

Question 17

Brown V. Voss

Misuse of Easement & Equitable Principles

Answer 17

Misuse of an Easement = Extension of the Easement to Include another Parcel = Misuse.
Brown v. Voss Court Denied Injunction based on Equitable Principles:
1) Plaintiffs acted reasonably in development
2) No damage to Defendant from P’s Use
3) No Increase in the burden to the Servient Estate.
4) Plaintiffs would suffer hardship if injunction was granted.

Question 18

Easements

“Licence

Answer 18

Landowner’s Grant of permission to use the property

• Writing is not required
• Implied by conduct or custom
• Revocable or terminable at the landowner’s will
• Enforceable as irrevocable by estoppel or as an irrevocable license.

Question 19

Easement by Estoppel (Scope and Terms)

Relevant Expectations

Answer 19

The Expectations that Create the servitude will define its scope and terms.

Relevant Expectations =
“the expectations that Reasonable people in the position of the landowner and the person who relied on the grant of permission or representation would have under the circumstances.

Question 20

Irrevocable License (Duration)

Answer 20

Third Restatement
- Treated as an easement, unless
Parties intended or reasonably expected the license would remain irrecvocable only so long as reasonably necessary to recover expenditures.

2nd Restatement - Lasts as long as reasonably necessary to recover expenditures.

Question 21

(Easements reserved in favor of a third Party)

Willard V. First Church of Christ

Answer 21

Common Law Rule:
- Cannot reserve an interest in property to a third party not on the deed. (Only can remain with the grantor).
= Court Favors Grantor’s Intent, and equitable balancing

Question 22

Reservation

Answer 22

Provision creating some new servitude which did not exist before an independent interest
- Grant of property to purchaser, regrant of easement back to grantor.

Question 23

Exception

Answer 23

Excludes a preexisting servitude, found in a preexisting grant or deed.

Question 24

Irrevocable License by Estoppel

Holbrook v. Taylor

Answer 24

License Included:

• Right to erect structures, and
• Acquire an interest in the land by making improvements
• Not Only, A “bare, naked, right of entry”.

Irrevocable license because of

• Licensees expenditures / improvements made in reasonable reliance on the strength of the Owner’s permissive license.
• Owner knew or should of known dominant estate will materially change his position in reliance on license.
• Consent - Owner consented to Licensee’s use.

Question 25

Irrevocable License

Answer 25

License to use + An Interest (incidental to ownership of chattel on owners land.

Question 26

Easement by Implied Reservation

Answer 26

Easement of Implied Reservation arises:

1) from INFERENCES of the INTENTIONS of the Parties
2) INFERENCES drawn from the CIRCUMSTANCES of the conveyance, not the LANGUAGE.
- Easement by implied reservation in favor of the grantor must be one of STRICT NECESSITY.