Easements

Question 1

Easements

Answer 1

(1) Express (Grant or Reservation, consider SoF)

(2) Implication

(3) Necessity

(4) Prescription

(5) Negative

Question 2

Easement by Implication

Answer 2

Requires:

(1) APPARENT & CONTINUOUS use at the time tract divided and

(2) REASONABLY NECESSARY to the enjoyment of the other parcel

Question 3

Easement by Necessity

Answer 3

(1) COMMON ownership

(2) NO PRIOR USE prior to the necessity

(3) party asserting easement is LANDLOCKED

Question 4

Easement by Prescription

Answer 4

(1) open and notorious,
(2) actual,
(3) hostile, and
(4) continuous for
(5) statutory period

Question 5

Negative Easement

Answer 5

Prohibits certain easements - like blocking light
Needs written agreement

Question 6

Easement Appurtenant

Answer 6

(1) Dominant and Servient parcel, HOLDER of parcel is benefitted by easement burdening servient parcel

(2) Transfers with dominant estate

(3) Transfers with servient UNLESS bona-fide purchaser without notice of easement

Question 7

Easement in Gross

Answer 7

(1) Holder is not the owner of another parcel, but just has rights of access irrespective of their ownership of nearby or adjacent property.

(2) Does not transfer between owner of easement unless commercial

(3) Transfers with servient, unless bona-fide purchaser

Question 8

Easement Termination

Answer 8

(1) terminated either in writing, or orally plus an action of abandonment.

(2) Owner of the servient estate cannot unilaterally terminate an easement for overuse, can only seek injunction against overuse.

Question 9

Profit

Answer 9

Right to take specific things, such as timber, from the land.

Question 10

License

Answer 10

(1) Express (Season tickets) or

(2) Failure of an express easement

(3) Revocable UNLESS licensee invests substantial amounts of money or labor in reliance

Question 11

Easement Definition

Answer 11

An easement is the right to use land for a particular purpose, but no right to possession or enjoy that land.