Easements Flashcards
What are the elements for Easement by Necessity? What situation does this arise in?
- Both estates were formerly one parcel and
- At the time of severance, the dominant estate became landlocked.
Where the parcel is landlocked and the owners of the landlocked parcel need a way to access their land. (e.g. access to a road).
What is a negative easement?
The right to prevent someone from doing something on their land. Prevents the owner of the servient parcel from doing something.
How can an easement by necessity be terminated?
An easement created by necessity expires as soon as the necessity ends unless the easement was created by express grant.
What is an affirmative easement?
Right to engage (do something) on the servient parcel. Formally gives people the right to cross the property.
How is an Affirmative Easement be created?
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.
What is an easement?
The grant of an irrevocable non-possessory property interest in the land for a limited purpose.
How can an easement be terminated by ‘destruction’?
Destruction of the servient parcel will terminate the easement unless it was destroyed through the willful conduct of the servient owner.
How can an easement be terminated by condemnation?
An easement is terminated when condemnation of the servient parcel occurs through governmental eminent domain power.
How can an easement be terminated by release (writing)?
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.
How can an easement be terminated through abandonment?
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.
or
Dominant estate stops using easement for statutory amount of time.
What is an appurtenant easement?
An appurtenant easement benefits a parcel of land and requires two parcels (dominant parcels that benefits from the easement and a servient parcel that is burdened by the easement).
True or False: The benefits of an Appurtenant Easement run with the land?
True: An appurtenant easement benefits a parcel of land and the benefits run with the land.
The right to use a private road to access a public highway because there is no alternative method of reaching the highway.
What type of Easement is this?
Affirmative easement.
What are the examples of Negative Easements?
Light, Air, Lateral Support, and Streamwater.
Minority of states recognize a 5th category: right to a scenic view.
What are the ways you can terminate an Affirmative easement?
END CRAMP
Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
Prescription
Can an Easement in Gross be subdivided or transferred?
Yes. Generally, they are non-transferrable outside of commercial purposes. But, if the grantor does not retain rights in the Easement (exclusive) then Grantees can subdivide and sell rights to others.
What are the two types of In-Gross Easements?
Exclusive and Non-Exclusive.
Exclusive: The Grantor doesn’t retain rights in the Easement so Grantees can subdivide and sell rights to others.
Non-Exclusive: Grantor retains rights in the Easement so Grantees CAN’T subdivide and sell rights to others.
What is an Exclusive In-Gross Easement?
The Grantor doesn’t retain rights in the Easement so Grantees can subdivide and sell rights to others.
What is an Non-Exclusive In-Gross Easement?
Grantor retains rights in the Easement so Grantees CAN’T subdivide and sell rights to others.
How is an Easement terminated through the Merger Doctrine?
If the title to easement and title to the servient parcel become vested in the same person, the easement is terminated. One party takes ownership of both parcels, no easement needed anymore. When servient & dominant sell to each other (become 1).
How can an Easement be terminated through Prescription?
Owner of servient parcel cuts off use of easement for statutory period. An easement can be terminated when the servient owner interferes with it in accordance with the elements of adverse possession.
What is the difference between and Easement and a License?
An easement is irrevocable; a license is revocable.
What is an In-Gross Easement?
An easement that benefits a person or entity. It is not tied to land and only requires a servient parcel.
How can an Easement be terminated by Estoppel?
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.
