Easements Flashcards
Easement- general definition
An easement is an interest in the land of another. Easements can be created expressly,
by implication, or by prescription.
Easement Implied by prior use
1) Common ownership of dominant and servient estate then severance;
2) Prior use or quasi-easement;
3) Use was apparent or could be discovered upon a reasonable inspection; and
4) Reasonable necessity.
creation
prescriptive
implied - prior use, necessity
express
scope - express
limited to the intended use
scope- implied/ prescription
reasonably necessary use
termination - servient estate
destruction of SE unless intentional by SO
termination by easement holder
(1) merger
(2) written release -
(3) abandonment plus affirmative action
(4) estoppel- servient estate detrimentally relies on owner’s actions
(5) severance (only easement appurtenant
termination by servient estate holder
(1) prescription: interferes with the statutory period
(2) BFP
(3) end of necessity
prior use
(1) severance of the title land
(2) prior use or quasi-easement
(3) reasonably necessary
(4) use was apparent and could be discovered by reasonable inspection
necessity
(1) strict necessity at the time of necessary
(2) Common ownership of the dominant and the servient estate, then severance
prescription
like AP but does not have to be exclusive
(1) open and notoriously
(2) actually
(3) exclusively
(4) statutory period
(5) hostile
in gross v. appurtenant
benefits person v. land
profits
a) The holder of the profit has the right to go on someone else’s land and take something off of it
b) Creation: Can only be created expressly or by prescription (analysis is otherwise the same as
easements)
c) Termination: Same as easements
licenses are freely revocable UNLESS
Coupled with an Interest; or
Executed: The licensee expends money or labor in reliance on the license; license is irrevocable until
the person gets value out of the expenditure
licenses termination
death of person or conveyance of servient estate
non-transferrable
when do chattels become fixtures
A chattel becomes a fixture if it is owned by the landowner and is so necessary or convenient to the use
of the land that it is regarded as part of the land
deed and mortgages: fixtures
mortgages include fixtures and deeds cover them unless expressly noted
easement in gross
when an easement exists for the benefit of someone else, other than the dominant estate
valid express easement in gross effect on an unknowing landowner
when recorded, that puts the owner on constructive notice, and express easements allows reasonable repairs on the land so the current owner cannot prevent that. It does not matter if new landowner’s deed doeds not have the easement
when there is an AP and an easement was on the land
ap takes subject to the easement, unless their use interfered with the easement so much that they took it over.
when is the merger rule inapplicable
when the person granting the merger owns less than fee simple such as a life estate
prescriptive easements cannot have
permission
license termination
upon the death of the licensor or the conveyance of the servient estate.
