Easements

Question 1

Easements Defined

Answer 1

Permanent, nonpossessory right to use land in certain way/for certain purpose

Question 2

Types of Easements

Answer 2

Express, By Necessity, By Implication from Prior Use, By Prescription, By Estoppel, By Public Dedication(Not tested).

Question 3

Express Easement Defined

Answer 3

Express agreement b/w the Dominant and Servient tenants to create an easement.

Question 4

Express Easement Elements

Answer 4

1. Must be in writing (SoF).
2. Specify the material terms:
   a. Parties (name and signature)
   b. Property involved (servient estate and dominant estate if appurtenant)
   c. Use allowed under the easement.

Question 5

Willard v. First Church: The primary objective in construing a conveyance is to. . .

Answer 5

Try to give effect to the intent of the grantor.

Grantor’s intent controls

Question 6

Easement by Necessity defined

Answer 6

Arise where an owner severs a landlocked portion of his property by conveying such parcel to another.

Question 7

Easements by Necessity are created by. . .

Answer 7

An operation of law. They exist only as long as the necessity exists.

Question 8

Easements by Necessity: Elements

Answer 8

1. Unity of title
2. Severance of Dominant estate into landlocked condition
3. Necessity

Question 9

Easements by Necessity: Unity of Title

Answer 9

Common ownership of the two parcels prior to severance

Question 10

Easements by Necessity: Necessity

Answer 10

1. Now landlocked parcel cannot access a public roadway from his/her property. Travel across the servant estate in order to access the dominant estate.
2. When the necessity ends, the easement is terminated.

Question 11

Easements by Necessity: Schwab v. Timmons

Answer 11

A grantor is not landlocked when he/she has difficulty getting from his/her land to a public road as long as they can get from their land to a public road.

Question 12

Easements by Implication from Prior Use: Elements

Answer 12

1. Common ownership of a unified parcel; AND
2. Separation into two parcels; AND
3. A use that was taking place before the separation; AND
4. Use was obvious; AND
5. Use was for so long that it was meant to continue after separation.

Question 13

Easements by Implication from Prior Use are created by. . .

Answer 13

An operation of law.

Question 14

Easements by Prescription are created by. . .

Answer 14

An operation of law

Question 15

Easements by Prescription gives the right of . . .

Answer 15

USE ONLY. Not possession or title.

Question 16

Easements by Prescription: Elements

Answer 16

1. Adverse Use
2. Hostile
3. Open and Notorious
4. Continuous for period of prescription

Question 17

Easements by Prescription: Adverse Use

Answer 17

1. Against the interest of the true owner
2. Get to use it exclusively.
3. Use would be inconsistent with true owner’s rights.

Question 18

Easements by Prescription: Hostile

Answer 18

1. Owner allows use even though permission has not been given.
2. If permission is given, use is no longer hostile.
3. Silence is not permission.

Question 19

Easements by Prescription: Continuous for Period of Prescription

Answer 19

Follows the Statute of Limitations for that jurisdiction.

Question 20

Easement by Estoppel: Equitable in Nature

Answer 20

1. Court of Equity, not Courts of Law.

2. To create an easement in order to do justice.

Question 21

Easement by Estoppel: Involves an Estoppel

Answer 21

1. Preventing a change of position
2. A negative easement does not bestow upon the owner of the dominant tract the right to travel physically upon the servient estate, but rather requires that the owner of the servient estate refrain from undertaking certain activities on the servient estate which the owner would otherwise be entitled to perform.

Question 22

Easement by Estoppel: Estoppel arising from a Misrepresentation

Answer 22

1. Some kind of misrepresentation
2. Reliance
3. Reliance is justifiable/reasonable
4. Reliance is detrimental
5. Unjust result if easement not imposed

Question 23

Easement by Estoppel: Negative Easement

Answer 23

1. Does not bestow upon the owner of the dominant tract the right to travel physically upon the servient estate; but rather
2. Requires that the owner of the servient estate refrain from undertaking certain activities on the servient estate which the owner would otherwise be entitled to perform.