Easements Flashcards
What is a servient estate?
The estate that is burdened by the easement
What is a dominant estate?
The estate that is benefited by the easement
Must there always be a servient estate?
Yes
Must there always be a dominant estate?
No
What is an easement appurtenant
Easements that benefit a parcel of land, which is the dominant estate
What is an easement in gross?
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
How may easements be created?
- Expressly
- By implication
- By prescription
How may an express easement be created?
An easement may be expressly created by a writing that satisfies the statute of frauds
What are the ways in which an easement may be created by implication?
- Easement implied by prior use
- Easement by necessity
- Easement by plat
What are the requirements to obtain an easement implied by prior use?
- severance of title to land that was once held in prior ownership
- the use giving rise to the easement was in existence at the time of the severance
- the use was apparent and could be discovered upon a reasonable inspection
- at the time of severance the easement was necessary for the proper and reasonable enjoyment of the dominant tract
How is an easement by necessity created?
- Common ownership of the dominant and servient estate, followed by severance of the parcels
- Strict necessity for the easement at the time of severance
What is an Easement by Plat?
A buyer in a platted subdivision acquires an implied easement to use streets, alleys and parks in the subdivision
What is an easement by prescription?
The equivalent of adverse possession but for an easement
What are elements required to create an easement by prescription?
An easement by prescription may be created if someone actually, openly, notoriously and exclusively uses land with hostile intent for the statutory period
What is the scope of an express easement?
If an express easement states a particular use, then that is the only allowable use
What is the scope of easements?
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
What is “surcharging” an easement?
Using the easement for purposes that go beyond its reasonable use
What is the remedy for surcharging an easement?
Surcharging doesn’t terminate an easement, but the servient estate can sue for an injunction or damages for the abuse
What are the rights of the holder of the easement regarding maintenance of the easement?
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
How may easements be terminated?
- destruction of the servient estate
- termination based on the actions of the easement holder
- termination based on the actions of the owner of the servient estate
What impact does the destruction of the servient estate have on an easement?
The destruction of the servient estate will generally terminate an easement
When will destruction of the servient estate NOT terminate an easement?
When the owner of the servient estate intentionally caused the destruction.
What types of actions by an easement holder will terminate an easement?
- merger of title
- written release
- abandonment
- estoppel
- severance
When will merger of title terminate an easement
When the owner of the dominant estate also acquires the servient estate, the easement will terminate
When will written release terminate an easement?
A written release that satisfies the requirements of the statute of frauds will expressly terminate that owner’s rights in the easement
When is an easement terminated by abandonment?
Termination by abandonment requires proof of intent to abandon the easement and an affirmative act in furtherance of the intent to abandon.
When is an easement terminated by estoppel?
When the owner of the servient estate foreseeably and detrimentally relies on the holder’s action or abandonment
When is an easement terminated by severance?
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)
What types of actions of the owner of a servient estate will terminate an easement?
- Prescription
- The servient estate is sold to a bona fide purchaser
- The end of necessity
What is termination by prescription?
Where the owner of the servient estate interferes with the use of the easement for the statutory period.
When is an easement terminated upon the servient estate being sold to a bona fide purchaser?
If a bona fide purchaser pays value and takes without notice than the easement is terminated
When is an easement terminated based on the end of necessity?
For easements created by necessity, the easements will terminate when the necessity ends
What is an easement?
An easement is an interest in the land of anothber
What is an affirmative easement?
An affirmative easement gives the holder the right to do something on the land of another
What is a negative eaasement?
A negative easement gives the holder right to prevent a landowner from doing something on their own land
How may easements be transfered?
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
