Easements Flashcards
Define easement
Right held by one person to make use of another person’s land
A servient estate is _______ and a dominant estate is land ______ by the easement
Burdened, Benefited
An affirmative easement gives the holder the right to what?
Do something on someone else’s property
A negative easement gives the holder the right to prevent what?
Someone from doing something on her land
True or false: An easement appurtenant is fully transferrable,
True. Easement appurtenant is tied to the use of the land and goes with the land.
True or false: In an easement in gross, there is no dominant estate, only a servient estate
True. Easement in gross benefits the holder personally.
Some courts allow this sort of easement to be transfer if there is intent for it to be transferable.
True or false: Express easements must satisfy the statute of frauds
True. Must be in writing. AND subject to recording statutes.
True or false: negative easements are implied
False, they must be express and cannot be created by implication b/c implied easements arise out of circumstance
True or false: implied easements are not transferrable.
False. They are transferrable.
True or false: implied easements are not subject to recording statutes.
True, unless subsequent purchaser had notice of the easement. (also not subject to SOF)
Easement by necessity is created when the property is virtually….?
Useless
What are the requirements for easement in necessity
- Common Ownership
- Necessity at severance
True or false: Easement in necessity never terminates
False. Ends when no longer necessary (in a strict sense)
Define easement by implication
Prior, ongoing use, blossoms into easement
What are the requirements for easement in implication/Use
- Common ownership: large estate owned by one owner
- Before severance: owner uses land as if there’s an easement
- After severance: continuous and apparent
- Reasonably necessary to dominant estate
