Easements

Question 1

What is a servient estate?

Answer 1

The estate that is burdened by the easement

Question 2

What is a dominant estate?

Answer 2

The estate that is benefited by the easement

Question 3

Must there always be a servient estate?

Answer 3

Yes

Question 4

Must there always be a dominant estate?

Answer 4

No

Question 5

What is an easement appurtenant

Answer 5

Easements that benefit a parcel of land, which is the dominant estate

Question 6

What is an easement in gross?

Answer 6

Easements that benefit a particular person or entity rather than a specific piece of land - there will not be a dominant estate in these circumstances

Question 7

How may easements be created?

Answer 7

1. Expressly
2. By implication
3. By prescription

Question 8

How may an express easement be created?

Answer 8

An easement may be expressly created by a writing that satisfies the statute of frauds

Question 9

What are the ways in which an easement may be created by implication?

Answer 9

1. Easement implied by prior use
2. Easement by necessity
3. Easement by plat

Question 10

What are the requirements to obtain an easement implied by prior use?

Answer 10

1. severance of title to land that was once held in prior ownership
2. the use giving rise to the easement was in existence at the time of the severance
3. the use was apparent and could be discovered upon a reasonable inspection
4. at the time of severance the easement was necessary for the proper and reasonable enjoyment of the dominant tract

Question 11

How is an easement by necessity created?

Answer 11

1. Common ownership of the dominant and servient estate, followed by severance of the parcels
2. Strict necessity for the easement at the time of severance

Question 12

What is an Easement by Plat?

Answer 12

A buyer in a platted subdivision acquires an implied easement to use streets, alleys and parks in the subdivision

Question 13

What is an easement by prescription?

Answer 13

The equivalent of adverse possession but for an easement

Question 14

What are elements required to create an easement by prescription?

Answer 14

An easement by prescription may be created if someone actually, openly, notoriously and exclusively uses land with hostile intent for the statutory period

Question 15

What is the scope of an express easement?

Answer 15

If an express easement states a particular use, then that is the only allowable use

Question 16

What is the scope of easements?

Answer 16

With the exception of express easements that specify a particular use, an easement can be used to the extent that it is reasonable necessary to do so

Question 17

What is “surcharging” an easement?

Answer 17

Using the easement for purposes that go beyond its reasonable use

Question 18

What is the remedy for surcharging an easement?

Answer 18

Surcharging doesn’t terminate an easement, but the servient estate can sue for an injunction or damages for the abuse

Question 19

What are the rights of the holder of the easement regarding maintenance of the easement?

Answer 19

The holder of an easement may do what is reasonably necessary to maintain the easement, even if ti interferes with the servient owner’s use of their property

Question 20

How may easements be terminated?

Answer 20

1. destruction of the servient estate
2. termination based on the actions of the easement holder
3. termination based on the actions of the owner of the servient estate

Question 21

What impact does the destruction of the servient estate have on an easement?

Answer 21

The destruction of the servient estate will generally terminate an easement

Question 22

When will destruction of the servient estate NOT terminate an easement?

Answer 22

When the owner of the servient estate intentionally caused the destruction.

Question 23

What types of actions by an easement holder will terminate an easement?

Answer 23

1. merger of title
2. written release
3. abandonment
4. estoppel
5. severance

Question 24

When will merger of title terminate an easement

Answer 24

When the owner of the dominant estate also acquires the servient estate, the easement will terminate

Question 25

When will written release terminate an easement?

Answer 25

A written release that satisfies the requirements of the statute of frauds will expressly terminate that owner's rights in the easement

Question 26

When is an easement terminated by abandonment?

Answer 26

Termination by abandonment requires proof of intent to abandon the easement and an affirmative act in furtherance of the intent to abandon.

Question 27

When is an easement terminated by estoppel?

Answer 27

When the owner of the servient estate foreseeably and detrimentally relies on the holder's action or abandonment

Question 28

When is an easement terminated by severance?

Answer 28

An easement is terminated by severance when the owner of the dominant estate tries to sever the easement from the dominant estate (applicable only for appurtenant easements)

Question 29

What types of actions of the owner of a servient estate will terminate an easement?

Answer 29

1. Prescription 2. The servient estate is sold to a bona fide purchaser 3. The end of necessity

Question 30

What is termination by prescription?

Answer 30

Where the owner of the servient estate interferes with the use of the easement for the statutory period.

Question 31

When is an easement terminated upon the servient estate being sold to a bona fide purchaser?

Answer 31

If a bona fide purchaser pays value and takes without notice than the easement is terminated

Question 32

When is an easement terminated based on the end of necessity?

Answer 32

For easements created by necessity, the easements will terminate when the necessity ends

Question 33

What is an easement?

Answer 33

An easement is an interest in the land of anothber

Question 34

What is an affirmative easement?

Answer 34

An affirmative easement gives the holder the right to do something on the land of another

Question 35

What is a negative eaasement?

Answer 35

A negative easement gives the holder right to prevent a landowner from doing something on their own land

Question 36

How may easements be transfered?

Answer 36

Both the benefit and the burden of an easement appurtenant may be transferred so long as the dominant estate complies with the applicable recording statute