Easement Flashcards
Licenses
1) limited privilege to use land in the possession of licensor
2) It is not a property interest
3) is a contract
4) Can be revoked at will of licensor
5) if revocation is wrongful, licensor may have to pay damages.
Easement
is a nonpossesory interest in land involving a right to use the land of another.
Implied Easement
Previously owned by common grantor, and
1) Continuity
2) OPen and notorious
3) Reasonably necessary
Easement by Prescription
1) Adverse
2) Continutious and uninterupted
3) 20 years/ NV 5 years
4) Open and Notorious
5) Hostile
Transfer of Benefit
Easement Appurtenant
Transferred auto with dominate estate, even if easement not mentioned in deed.
GR: all who subsequently succeed to title to the dominate estate become entitled to the benefit of the easement.
Transfer of Benefit
Easement in Gross
1) Commercial can be transfered
2) Residential cannot be transferred.
Termination of Easement
1) Merger
2) Deed of Release
3) abandonment
4) Termination by Estoppel
5) Termination by Prescription
6) Termination of easement by necessity
Difference between Easement by Prescription and Adverse Possession
Adverse possession needs to be exclusive. It does not need to be exclusive for Easement by Prescription.
Transfer of Burden
Servient estate Easement
Are always binding on subsequent holders of serviant estate- even if not mentioned in deed, as long as, subsequent holder had notice.
Notice: Actual, constructive, inquiry notice.
Easement
Scope of Use
Specific terms of the easement control
- Presumed to last forever
- reasonable development
Irrevocable Easement
1) If an easement is attempted by fails due to SOF, a license is created,
2) If money is spent the property in furtherance of an oral license, then the license becomes an irrevocable license.
