disputes about the use of land Flashcards
what is ejection
dispute over title
what is unlawful detainer
dispute of possession
define easement
right by one person to make use of another’s property
how is an express easement made?
in writing (SOF)
name the 4 implied easements
necessity
implication
prescription
estoppel
easement by necessity
landlocked
common ownership + necessity created at severance
property virtually useless w/o the benefit
easement by implication
common ownership
quasi easement existed before
easement reasonably necessary for their enjoyment
what is a VA example if easement by implication?
G conveys land by deed
describing land as being bound by a road
creates implied easement that grantee can use the road
easement by prescription
continuous
actual
open + notorious
hostile
20 years
easement by estoppel
good faith reasonable detrimental reliance on permission by servient estate holder
guy has a license to do X. Guy promises buyer they can do X and they rely on it in buying the house
easement appurtenant
benefits owner of dominant estate in use of property
easement in gross
given to an individual personally
cannot be transferred unless owner gave right to transfer
when is an easement terminated
easement purpose no longer exists
license
non possessory right to use land