easement

Question 1

easement

Answer 1

non possessor right to use land in the possession of another

Question 2

Affirmative Easement

Answer 2

the right to enter the servant estate

Question 3

Negative Easement

Answer 3

the right to keep the other landowner from doing something on her land

Question 4

Creation of Easement

Answer 4

1. be in writing
2. identify the grantor + grantee
3. certain words manifest an intention to create an easement
4. describe the affected land
5. be signed by grantor

Question 5

Easement Appurtenant

Answer 5

benefits neighboring parcel

Question 6

Affirmative Easement

PING

Answer 6

1. Prescription
2. Implication
3. Necessity
4. Grant

Question 7

Implied Easement

Answer 7

1. Severance of title
2. an existing, apparent, and continuous use when severance occurs
3. reasonable necessity for the use at time of severance

Question 8

Easement by Estoppel

Answer 8

created when a party has a license to use the land + relies on the continued existence of the license

Question 9

easement from prior/Existing use

Answer 9

based on apparent + continuous use

Question 10

Easement by prescription

Answer 10

requires hostile/adverse use, Actual and exclusive, open + notorious, adverse and under a claim of right, continuous + uninterrupted for SOL
(adverse possession)

Question 11

Public Trust

Answer 11

if public land is surrounded by private land the public has the right to reach public land through private land

Question 12

License

Answer 12

a license is freely revocable, mere privilege to enter another land for a narrow purpose
*if license is coupled with an interest or an estoppel it is irrevocable

Question 13

Termination of Easements

END CRAMP

Answer 13

1. estoppel
2. necessity
3. destruction
4. condemnation
5. release
6. abandonment
7. merger
8. prescription
9. expiration

Question 14

Estoppel (termination)

Answer 14

reasonable reliance on termination of easement

Question 15

Necessity (Termination)

Answer 15

easements created by necessity expire as soon as the necessity ends

Question 16

Destruction (termination)

Answer 16

destruction of servant treatment other than through the willful conduct of the servient owner- will terminate the easement

Question 17

Condemnation ( Termination)

Answer 17

government uses eminent domain -triggers taking clause

Question 18

Release (Termination)

Answer 18

a written release, given by the easement holder to the servient landowner

Question 19

Abandonment (Termination)

Answer 19

1. non use by owner of easement + either;
2. present intent to relinquish
3. purpose inconsistent with future use

Question 20

Merger (Termination)

Answer 20

when dominant + servient tenements merge

Question 21

Prescription (termination)

Answer 21

An Easement can be terminated when servient owner interferes with it in accordance with the elements of adverse possession

Question 22

Expiration (Termination)

Answer 22

set time in the terms

* necessity easement: expires when the necessity easement