Easements Flashcards
Affirmative Servitudes
A non-possessory right to use anther’s land
Express Easements
An interest in land that satisfies the SOF
- a writing
- signed by the grantor
- sufficiently describing the easement
- sufficiently identifying the grantee
Easement by Estoppel
- Landowner grants claimant permission to use the property
- Claimant changes position in reasonable reliance
- Unjust to revoke it
Easement by Prescription
- Adverse and open use of the land
- Continuous until expiration of SOL for trespass
Easement Implied by Prior Use
Appurtenant
- Parcels were previously owned by a common grantor
- One parcel was previously used for the benefit of the other
- Use was apparent, permanent, and continuous
- Easement is reasonably necessary for the enjoyment of Dominant Estate
Standard of Necessity
A balance between open and continuous use, and the level of convenience needed; Elastic
Easement by Necessity
Appurtenant
- Land was once held in common ownership
- Land was severed
- Severance created the necessity (landlocked)
Appurtenant Easements
If the benefit runs with a particular parcel of land
- Writing
- Notice
- Intent
In Gross Easement
If the benefit is attached to a person or entity
Rule for Dominant Estate
- May prepare, maintain, improve, or repair the easement in a manner to promote it’s original use
- Cannot unduly burden the easement
- Cannot interfere with the rights of anyone else on the property
Rules for Servient Estate
- May not interfere with the use of the easement by the easement holder
- Cannot unilaterally change the location of the easement
Scope of the Easement
- The uses the easement owner may make of the servant land
- The limit/extent of the easement use
Termination by Release
T formal written agreement releasing the easement
Termination by Express Limitations
- A time limitation (Durational Clause)
- The purpose is accomplished
Termination by Merger
Appurtenant
-Ownership of the dominant and servant parcels unite in a single owner
In Gross
-Ownership of the servient estate land passes to the holder of the easement
Frustration of Purpose
Purpose of the easement becomes impossible to accomplish
Abandonment
Non-use by easement holder accompanied by
- Affirmative acts of intent to abandon
- Acts inconsistent with the continued existence of the easement
Termination by Prescription
Conduct by servient estate which is incompatible with the right to use which continues for a period of time
Lack of Notice
No actual, constructive, or inquiry notice at the time of purchase
Misuse
Misuse of easement where injunctive relief is not effective
Failure to comply with Marketable Title Acts
Requires the easement to be re-recorded periodically (minority)
