Easements

Question 1

Easement Appurtenant

Answer 1

-Easement directly benefits the use and enjoyment of specific parcel

• Burdened Property- Servient esate
• Benefitted Property- Dominant esate

Question 2

Easement in Gross

Answer 2

• No dominant estate - only one parcel of land involved which is burdened
  ex. Utility easement for rail, gas, etc

Question 3

Creation of Express Easement

Answer 3

-Express grant to someone else
-Express reservation of an easement when land is sold to another
Must be:
1. In writing
2. be signed by holder of servient estate; and
3. Satisfy all deed formalities
**Exception: Easements of less than year don’t have to be in writing

Question 4

Implied Easement by Previous Use by a Common Grantor

Answer 4

• Must be a previous use by common owner and the previous use must be:
  1. Continuous
  2. Apparent/Open and obvious
  3. Reasonably necessary

Question 5

Implied Easement by Neccisty

Answer 5

• Landlocked owner.

- If court grants the owner of servient parcel has right to choose location of easement

Question 6

4 Requirements for Easement by Prescription

Answer 6

1. Open and notorious (discoverable upon inspection)
2. Adverse
3. Continuous and uninterrupted
4. For statutory period

Question 7

Transfer of Easements in Gross

Answer 7

1. Commercial- Yes

2. Personal- No

Question 8

Remedy for Excessive Use/Going Beyond Scope of Easement

Answer 8

Enjoin excessive use but the easement is no terminated.

Question 9

Responsiblity for Repair of Easement

Answer 9

• Holder of the benefit is responsible for making and repairs and may always gain access on the servient estate to perform
• Unless easement says otherwise - servient estate has no duty to repair.

Question 10

Termination of Easement

Answer 10

1. Merger
2. Deed of Release - must be in writing (SOF) and satisfy deed formalities
3. Abandonment - Mere nonuse is not enough
4. By estoppel
   ex. Holder of benefit of easement orally “releases” easement, and servient estate holder builds a pool
5. By Prescription - you can create and terminate an easement by prescription
6. No longer a necessity- Once condition that gave rise to easement ceases to exist, implied easement will automatically terminate