Easements

Question 1

An easement is…

Answer 1

a grant of a nonpossessory property interest that entitles its holder to a form of use or enjoyment on another’s land.

Question 2

An easement’s duration is presumed to be…

Answer 2

perpetual, unless the grant specifically limits the interest.

Question 3

An easement appurtenant benefits its holder by…

Answer 3

enhancing the use and enjoyment of the dominant tenement by allowing the dominant owner to use or control the servient tenement in some limited way.

Question 4

An easement in gross benefits its holder by…

Answer 4

confering some personal or pecuniary advantage not related to the use or enjoyment of their land.

ONLY a servient parcel involved.

(e.g., right to place billboard on another’s lot; right to swim in another’s pond; utility company’s right to lay power lines on another’s lot)

Question 5

Does an easement appurtenant pass with a transfer of a dominant tenement?

Answer 5

Yes – it passes automatically with transfers of the dominant tenement, regardless of whether it is mentioned in the conveyance.

Question 6

Does the burden of an easement appurtenant pass with the servient estate?

Answer 6

Yes – unless the new owner is a bona fide purchaser without notice of the easement.

Question 7

Does an easement in gross transfer with its property?

Answer 7

No – unless it is for commercial purposes.

Question 8

Easements can be created by:

Answer 8

1. Prescription;
2. Implication;
3. Necessity;
4. Grant.

Question 9

An easement can be created through grant if it is…

(deed of easement)

Answer 9

memoralized in writing and signed by the holder of the servient tenement.

unless duration is for less than 1 year (SoF)

Question 10

Easements by implication are created by…

Answer 10

operation of law.

Question 11

Do easements by implication fall under the SoF?

Answer 11

No – they are an exception.

Question 12

What elements are required for a easement implied from preexisting use?

Answer 12

(1) a single parcel of land, divided into two or more parcels;

(2) where the previous use on the servient land was apparent and continuous; AND

(3) the parties expected that the use would survivie division because it is reasonable necessary to the dominant tenement’s use & enjoyment.

Question 13

An easement by necessity will be implied when…

Answer 13

a landowner conveys a portion of her land with no way out except over some part of the grantor’s remaining land.

Question 14

For an easement by necessity, who has the right to locate the easement?

Answer 14

The owner of the servient parcel.

Question 15

An easement may be acquired by prescription when the use is…

Answer 15

(1) Continous and uninterrupted for [20 years];
(2) Open and notorious;
(3) Actual (need not be exclusive); and
(4) Hostile.

20 years unless or water & sewer services which is 10 years

Question 16

What happens if the servient tenement gives the user permission to use the easement?

Answer 16

No prescriptive easement can be formed; defeated.

Question 17

How can an easement be terminated?

(END CRAMP)

Answer 17

1. Estoppel
2. Necessity;
3. Destruction;
4. Condemnation;
5. Release;
6. Abandonment;
7. Merger;
8. Prescription.

Question 18

HYPO: A Tells B that A will no longer be using her right of way across B’s parcel. In reasonable reliance, B builds a swimming pool on B’s parcel, thereby depriving A of the easement. May A later enforce the easement?

Answer 18

No – this easement has terminated through estoppel.

Servient owner materially changed position in reasonable reliance.

Question 19

Easements created by necessity expire…

Answer 19

as soon as the necessity ends.

unless the easement was reduced to an express grant.

Question 20

What must an easement holder show to terminate an easement by abandonment?

Answer 20

Physical action demonstrating the intent to never use the easement again.

(e.g., buidling a structure that blocks access)

Question 21

If title to the easement and title to the servient land become vested in the same person, what happens to the easement?

Answer 21

It is extinguished through merger.

Question 22

If an easement is extinguished through merger and then the land is devised again, does the easement return?

Answer 22

No.

Question 23

A servient owner may extinguish an easement by prescription by…

Answer 23

(1) continuous interference;
(2) open & notorious;
(3) actual; and
(4) hostile to the easement holder.