easement and covenants Flashcards
What is an easement?
An easement is a legal right to use another person’s land for a specific purpose.
True or False: An easement grants ownership of the land.
False
Fill in the blank: An easement that benefits a particular piece of land is called a _____ easement.
dominant
What type of easement allows the public to access private property?
Public easement
Which of the following is NOT a type of easement? A) Appurtenant B) In gross C) Temporary D) Prescriptive
C) Temporary
True or False: An easement can be created through a written agreement.
True
What is a prescriptive easement?
A prescriptive easement is acquired through continuous and open use of the property without the owner’s permission over a statutory period.
What is the primary difference between an appurtenant easement and an easement in gross?
An appurtenant easement benefits a specific piece of land, while an easement in gross benefits an individual or entity regardless of land ownership.
Multiple Choice: Which of the following is a requirement for a prescriptive easement? A) Permission from the owner B) Continuous use C) Written agreement D) Payment of rent
B) Continuous use
What is an example of a common easement?
Utility easement
True or False: Easements can be terminated.
True
What does the term ‘easement by necessity’ refer to?
An easement by necessity is granted when a property is landlocked and requires access to a road or pathway.
Fill in the blank: An easement that is not recorded in public records is called a _____ easement.
implied
What is the effect of an easement on the property owner’s rights?
It limits the property owner’s rights to use their land freely.
Multiple Choice: Which easement is created through a long history of use? A) Express easement B) Implied easement C) Prescriptive easement D) Easement by necessity
C) Prescriptive easement
What is the term for the land that is subject to an easement?
Servient tenement
True or False: Easements can be sold or transferred.
True
What is the legal term for the document that formally creates an easement?
Easement agreement or easement deed
Fill in the blank: An easement that is established for a specific period of time is called a _____ easement.
temporary
What does ‘termination of easement’ mean?
It means that the rights granted by the easement are no longer valid or enforceable.
Multiple Choice: Which of the following can be a reason for terminating an easement? A) Mutual agreement B) Abandonment C) Expiration of terms D) All of the above
D) All of the above
What is the difference between a public and private easement?
A public easement is open to the general public, while a private easement is limited to specific individuals or entities.
True or False: An easement can be created verbally.
False
What is a ‘license’ in relation to easements?
A license is a temporary permission to use someone else’s property, which does not create an easement.
Fill in the blank: An easement that is essential for the use of a property is known as an _____ easement.
easement by necessity
What is the role of a surveyor in relation to easements?
A surveyor helps identify and delineate the boundaries and specific areas affected by an easement.
appurtenant: who benefits and who is burdened
Dominant estate benefits and servient state is burdened
Test for appurtenant
the benefit must be intimately tied to a particular piece of land and the land is usually adjacent to one another.
what are the 5 ways to create an easement
- express grant (generally must be in writing)
- implication: part of a land transfer
a. - strict necessity: to prevent a parcel from being landlocked
- prescription: similar to obtaining by adverse possession
5, estoppel
Express easements
- created by deed or a will, expressly stated
- must be in writing (statute of frauds)
3,
creation by implication
RULE:
1. land is being severed from its** common owner, dividing it up.
2. the use for which the implied easement is claimed existed prior to severance and was apparent and continuous.
3. the easement is at least reasonably necessary **for the enjoyment of the dominant estate.
granite inc
easement by implication, severance from common owner
owner of property needs to sever (convey) a part and retain a part or sell pieced simultaneously to more than one grantee. 98
i use my neighbors property to get to a road, i sell, the new owner does not have an easement, there was not original conveyance
easement by implication, prior use requirement
the easement had to exist prior to the severance of ownership
easement by implication, necessity
reasonable necessity for the enjoyment of what is claimed by the dominant estate.
- this is a low bar
however: if the easement is reserved (created for the grantor) it needs to meet a high bar (strict or absolutely necessary), lets say i sell a second piece of property then claim an easement over the piece that i sold. this would need to meet strict necessity test
implied easement: odds and ends
- most states do not have an implied easement to light and air
- do not need to need to be in writing
Nahrstedt: was the coventant in this case reasonable
they are presumed to be reasonable!
- what are the 8 inferences of intent:
a. Is the claimant the conveyor or conveyee
i. A conveyor bar is strict necessity.
b. The terms of the conveyance;
c. The consideration given for it
i. consideration may be less if there’s a burden.
d. Whether the claim is made against a simultaneous convey
e. The extent of necessity of the easement to the claimant
f. The manner at which the land was used prior to its conveyance; End
g. The extent to which the manner of the prior use was or might have been known to the parties
david
