Easements

Question 1

Affirmative Servitudes

Answer 1

A non-possessory right to use anther’s land

Question 2

Express Easements

Answer 2

An interest in land that satisfies the SOF

• a writing
• signed by the grantor
• sufficiently describing the easement
• sufficiently identifying the grantee

Question 3

Easement by Estoppel

Answer 3

• Landowner grants claimant permission to use the property
• Claimant changes position in reasonable reliance
• Unjust to revoke it

Question 4

Easement by Prescription

Answer 4

• Adverse and open use of the land

- Continuous until expiration of SOL for trespass

Question 5

Easement Implied by Prior Use

Answer 5

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

Question 6

Standard of Necessity

Answer 6

A balance between open and continuous use, and the level of convenience needed; Elastic

Question 7

Easement by Necessity

Answer 7

Appurtenant

• Land was once held in common ownership
• Land was severed
• Severance created the necessity (landlocked)

Question 8

Appurtenant Easements

Answer 8

If the benefit runs with a particular parcel of land

• Writing
• Notice
• Intent

Question 9

In Gross Easement

Answer 9

If the benefit is attached to a person or entity

Question 10

Rule for Dominant Estate

Answer 10

• 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

Question 11

Rules for Servient Estate

Answer 11

• May not interfere with the use of the easement by the easement holder
• Cannot unilaterally change the location of the easement

Question 12

Scope of the Easement

Answer 12

• The uses the easement owner may make of the servant land

- The limit/extent of the easement use

Question 13

Termination by Release

Answer 13

T formal written agreement releasing the easement

Question 14

Termination by Express Limitations

Answer 14

• A time limitation (Durational Clause)

- The purpose is accomplished

Question 15

Termination by Merger

Answer 15

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

Question 16

Frustration of Purpose

Answer 16

Purpose of the easement becomes impossible to accomplish

Question 17

Abandonment

Answer 17

Non-use by easement holder accompanied by

• Affirmative acts of intent to abandon
• Acts inconsistent with the continued existence of the easement

Question 18

Termination by Prescription

Answer 18

Conduct by servient estate which is incompatible with the right to use which continues for a period of time

Question 19

Lack of Notice

Answer 19

No actual, constructive, or inquiry notice at the time of purchase

Question 20

Misuse

Answer 20

Misuse of easement where injunctive relief is not effective

Question 21

Failure to comply with Marketable Title Acts

Answer 21

Requires the easement to be re-recorded periodically (minority)