Easements

Question 1

Easement- general definition

Answer 1

An easement is an interest in the land of another. Easements can be created expressly,
by implication, or by prescription.

Question 2

Easement Implied by prior use

Answer 2

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.

Question 3

creation

Answer 3

prescriptive
implied - prior use, necessity
express

Question 4

scope - express

Answer 4

limited to the intended use

Question 5

scope- implied/ prescription

Answer 5

reasonably necessary use

Question 6

termination - servient estate

Answer 6

destruction of SE unless intentional by SO

Question 7

termination by easement holder

Answer 7

(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

Question 8

termination by servient estate holder

Answer 8

(1) prescription: interferes with the statutory period
(2) BFP
(3) end of necessity

Question 9

prior use

Answer 9

(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

Question 10

necessity

Answer 10

(1) strict necessity at the time of necessary

(2) Common ownership of the dominant and the servient estate, then severance

Question 11

prescription

Answer 11

like AP but does not have to be exclusive

(1) open and notoriously
(2) actually
(3) exclusively
(4) statutory period
(5) hostile

Question 12

in gross v. appurtenant

Answer 12

benefits person v. land

Question 13

profits

Answer 13

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

Question 14

licenses are freely revocable UNLESS

Answer 14

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

Question 15

licenses termination

Answer 15

death of person or conveyance of servient estate

non-transferrable

Question 16

when do chattels become fixtures

Answer 16

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

Question 17

deed and mortgages: fixtures

Answer 17

mortgages include fixtures and deeds cover them unless expressly noted

Question 18

easement in gross

Answer 18

when an easement exists for the benefit of someone else, other than the dominant estate

Question 19

valid express easement in gross effect on an unknowing landowner

Answer 19

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

Question 20

when there is an AP and an easement was on the land

Answer 20

ap takes subject to the easement, unless their use interfered with the easement so much that they took it over.

Question 21

when is the merger rule inapplicable

Answer 21

when the person granting the merger owns less than fee simple such as a life estate

Question 22

prescriptive easements cannot have

Answer 22

permission

Question 23

license termination

Answer 23

upon the death of the licensor or the conveyance of the servient estate.