easements Flashcards
easement
grant of NONPOSSESSORY PROPERTY INTEREST that entitles holder to use/enjoyment of another’s land
affirmative easement
right to go onto and do something on SERVIENT land
negative easement & when recognized?
right to prevent SERVIENT landowner from doing something otherwise permissible; L.A.S.S.
Light
Air
Support
Stream water from an artificial flow
negative easement - creation
only created EXPRESSLY by writing signed by grantor
define appurtenant
relevant/useful/helpful to easement holder’s use/enjoyment of his own parcel
is an appurtenant easement transferable?
yes; passes AUTOMATICALLY with transfers of the dominant tenement, regardless of whether mentioned in conveyance
is the burden of the easement appurtenant transferable?
yes; burden also passes AUTOMATICALLY with new servient estate, UNLESS new owner is a BFP without notice of easement
is an easement in gross transferable?
no, UNLESS it is for commercial purposes
how is an easement created?
P.I.N.G.
- prescription
- implication
- necessity
- grant
what is needed to create easement by grant?
must be memorialized in WRITING and signed by servient tenement holder
EXCEPTION where duration is brief enough to be outside SOF coverage
easement creation by implication
created by operation of LAW; exception to SOF, which would otherwise require these to be in writing
easement by implication: implied from preexisting use
- previous use (or use prior to division of one lot) on the servient party was APPARENT and CONTINUOUS; and
- parties expected that use would SURVIVE DIVISION because it’s reasonably necessary to dominant tenement’s use/enjoyment
easement creation by necessity
implied when landowner conveys a portion of her land with no way out except over some part of the grantor’s remaining land;
servient tenement owner has right to locate easement
easement creation by prescription
analogous to adverse possession; C.O.A.H.
- continued and uninterrupted use for given statutory period
- open and notorious
- actual use (need not be exclusive)
- hostile use (i.e., without servient owner’s consent)
easement by express reservation
grantor conveys title to land but reserves right to use tract for special purpose
effect of easement overuse or misuse
overuse or misuse does NOT terminate the easement; appropriate remedy for servient owner is injunction against misuse
can an easement expand?
no, the easement holder cannot unilaterally expand the easement for use on newly acquired land or that exceeds the scope of original purpose
how to terminate easement
END CRAMP
- estoppel
- necessity
- destruction
- condemnation
- release
- abandonment
- merger
- prescription
- (or under easement’s stated conditions)
easement termination by merger
easement extinguished when complete unity of ownership/title achieved
easement termination by prescription
servient owner may extinguish with adverse possession elements; C.O.A.H.
- continuous interference
- open and notorious
- actual
- hostile to easement holder
license
mere PRIVILEGE to enter another’s land for delineated purpose
distinguish license from easement
a license is not an interest in land; merely a privilege, REVOCABLE at licensor’s will
license transferability
inalienable; any attempt to transfer results in revocation by operation of law
writing required for license?
no, because it is not subject to SOF (not an interest in land!!)
attempt to create easement without writing?
failed attempt to create easement results in LICENSE
license revocation?
freely revocable UNLESS estoppel bars revocation
when does estoppel bar license revocation?
only when licensee invested substantial money, labor, or both in reasonable reliance on license’s continuation
profit
entitles holder to enter servient land and take resources (ex. minerals, timber, or oil from the soil; fish or game as product of property)
