Easement stuff we didn't have

Question 1

What are the elements you must prove for prior use?

Answer 1

Arises when a use was in place at a time a single parcel of land was severed or divided in two, leaving one parcel benefiting another

1. Even though the seller and purchaser did not discuss or even think of it when they bought and sold the land
   * YOU NEED*
2. unity of ownership is severed
3. The use was in place before the severance
4. The use was visible or apparent at the time of severance (driveways, roads-discoverable by a reasonable person)
5. the easement is necessary for the enjoyment of the dominant estate

Question 2

What elements must you have for an implied easement by necessity?

Answer 2

Easement implied for egress and ingress. In separating the property one of the parcels became landlocked (must cause dom. estate to be landlocked)

• *YOU MUST HAVE**
  1. A common owner severed the property
  2. The necessity for egress and ingress existed at the time of the severance
  3. Ingress and Egress are strictly necessary for the landlocked parcel
• *MUST BE STRICTLY NECESSARY**
• *LASTS ONLY AS LONG AS THE NECESSITY LASTS**