Easements

Question 1

Easement Definition

Answer 1

Right held by one person to make use of another person’s land.

Question 2

Servient Estate

Answer 2

Land burdened by the easement

Question 3

Dominate Estate

Answer 3

Land benefited by the easement

Question 4

Affirmative Easement

Answer 4

The holder has the right to od something on someone else’s property

Question 5

Negative Easement

Answer 5

The holder has the right to prevent someone form doing something on their land.

MUST BE EXPRESS!

Question 6

Easement Appurtenant

Answer 6

The easement is tied to the use of the land

Key word: USE! Not to do… use.

Question 7

Easement in Gross

Answer 7

The easement benefits the holder personally

Note: there is no dominate estate, just servient estate.

Pool example

Question 8

Creating Easement Methods

Answer 8

Express or implied

Question 9

Express Easement

Answer 9

Subject to SOF - must be in writing

Can be given by grant or reservation

SUBJECT TO RECORDING STATUTES!

Question 10

Easement by reservation

Answer 10

Is created when a grantor conveys land but reserves an easement right in the land for the grantor’s use and benefit.

Question 11

Implied easement characteristics

Answer 11

1. Informal, rise out of factual circumstances
2. Transferable
3. Not subject to SOF
4. Not subject to recording statutes unless subsequent purchaser had notice of easement

Question 12

Kinds of implied easements

Answer 12

1. Necessity
2. Implication
3. Prescription (AP)
4. Estoppel

Question 13

Implied easement by necessity

Answer 13

Created only when property is virtually useless

Example: landlock

Question 14

Implied easement conditions

Answer 14

1. Common ownership: dominant and servant estates were owned common by one person
2. Necessity at severance

Question 15

Common ownership

Answer 15

dominant and servant estates were owned common by one person

Question 16

Necessity at severance

Answer 16

when the estates were severed into two separate estates, one of the properties became virtually useless without an easement

Not in the strict sense… ends when no longer necessary

Question 17

Implied easement by implication

Answer 17

An easement by implication is created by an existing use on a property

Question 18

Implied easement by implicationConditions

Answer 18

1. Common ownership: large estate owned by one person
2. Before severance: owner of the large estate uses the land as if there’s an easement on it.
3. After Severance: use must be continuous and apparent at time of severance
4. Necessity: use must be reasonably necessary tot he dominant estate’s use and enjoyment

Question 19

Implied easement by prescription

Answer 19

Similar to acquiring an easement by adverse possession

Differences: AP is about possession, where easement is about USE. All elements are the same except for exclusivity

Question 20

Easement by Estoppel

Answer 20

Creation: starts with a permissive use (license)

Reliance: Continues when the second neighbor relies on the first neighbors promise (promise that second neighbor can use the land) - must be reasonable and in good faith (look for facts where second neighbor invested money to rely… improvements)

Permission withdrawn: finally, the first neighbor withdraws

Result: if reliance was detrimental to second neighbor, fist neighbor is estopped frm withdrawing permission, in effect creating an easement.

Question 21

Scope: ambiguous terms

Answer 21

if the terms are ambiguous, the court considers the intent of the original parties as to the purpose of the easement

Question 22

Scope: changes in use

Answer 22

Changes in use of an easement are tested under reasonableness standard. Presume the parties contemplated both its current use and its future use, which means the future use of an easement must be reasonably foreseeable

Question 23

Scope: tresspass

Answer 23

If the use exceeds the scope, it will be considered trespassing

Question 24

Duty to maintain

Answer 24

The owner of the easement has the duty to maintain (dominate estate holder)

Question 25

Termination

Answer 25

Release
1. Holder of the easement expressly releases it
2. Release must be in writing

Merger: An easement is terminated if the owner of the easement acquires fee title to the underlying estate. The easement merges into the title.

Question 26

Abandonment

Answer 26

The owner acts in an affirmative way that shows a clear intent to relinquish the right

Requires more than non-use or a statement

Question 27

Abandonment of prescription easement

Answer 27

The holder fails to protect against the servient estate owner’s interference for the statutory period
It is the interference of a servient estate owner that is continuous, actual, open, and hostile for a specific period which may cause an easement right to be terminated by prescription, as illustrated in the following example.

Example:Millhouse has an easement to use the path along Lulu’s property. Lulu hates Millhouse and no longer wants him on her property. She puts up a fence to block Millhouse’s access to the path. If the path is blocked for the statutory period, will Millhouse’s easement be terminated?

Question 28

End of necessity

Answer 28

An easement by necessity lasts as long as the easement is needed. If it is no longer necessary, the easement ends.