Easements

Question 1

What is an easement?

Answer 1

An easement is the grant of an irrevocable, non-possessory property interest in the land for a limited purpose.

Question 2

What is the difference between an easement and a license?

Answer 2

An easement is irrevocable; a license is revocable.

Question 3

What is an affirmative easement?

Answer 3

An affirmative easement gives its holder the right to do something on the servient parcel.

Question 4

What is a negative easement?

Answer 4

A negative easement prevents the owner of the servient parcel from doing something.

Question 5

What is an example of an affirmative easement?

Answer 5

Being able to use a private road to access a public highway if there is no alternative method of reaching the highway.

Question 6

What is an example of a negative easement?

Answer 6

Negative easements are generally very limited to: Light, Air, Lateral Support, and Streamwater.

A minority of states recognize a fifth category of negative easement: right to a scenic view.

Question 7

What is an appurtenant easement?

Answer 7

An appurtenant easement is tied to the land and requires two parcels (a dominant parcel that benefits from the easement and a servient parcel that is burdened by the easement).

Question 8

What is an in gross easement?

Answer 8

An in gross easement is an easement that is not tied to the land and only requires a servient parcel.

Question 9

Can you transfer an easement in gross?

Answer 9

An in gross easement easement is non-transferable unless it is for a commercial purpose.

Question 10

How can you create an affirmative easement?

Answer 10

Grant: A consensual grant of the easement by the owner.

Necessity: An easement created by necessity because there is no alternative to the easement.

Prescription: By satisfying the elements of adverse possession for the statutory period.

Question 11

How can you terminate an affirmative easement?

Answer 11

Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
Prescription

Question 12

How can an easement be terminated by estoppel?

Answer 12

An easement can be terminated by estoppel when the servient owner materially changes their position in reasonable reliance on the easement holder’s assurances that the easement will no longer be enforced.

Question 13

How can an easement be terminated by necessity?

Answer 13

An easement created by necessity expires as soon as the necessity ends unless the easement was created by express grant.

Question 14

How can an easement be terminated by destruction?

Answer 14

Destruction of the servient parcel will terminate the easement unless it was destroyed through the willful conduct of the servient owner.

Question 15

How can easement be terminated by condemnation?

Answer 15

An easement is terminated when condemnation of the servient parcel occurs through governmental eminent domain power.

Question 16

How can an easement be terminated by release?

Answer 16

An easement can be terminated by the easement holder giving the servient landowner a written release. This is the most customary way to end an easement.

Question 17

How can an easement be terminated through abandonment?

Answer 17

An easement can be terminated through abandonment if the easement holder demonstrates, through physical action, the intent to never make use of the easement again.

Question 18

How can an easement be terminated through Merged Doctrine?

Answer 18

If the title to easement and title to the servient parcel become vested in the same person, the easement is terminated.

Question 19

How can easement be terminated through prescription?

Answer 19

An easement can be terminated when the servient owner interferes with it in accordance with the elements of adverse possession.