Easements

Question 1

Generally

Answer 1

A grant of a nonpossessory property interest entitling holder to use/enjoyment of another land

Affirmative: Right to go on to and do somethign on anothers land

Negative: Right to prevent landowner from doing something

Question 2

Negative easements

Answer 2

Right to prevent landowner from doing something. Generally recognized in only 4 categories:
1) light (access)
2) air (flow)
3) support (erosion)
4) stream water from an artificial flow

Minority 5th: scenic view

Question 3

Creation of a negative easement

Answer 3

Can ONLY be created expressly

Question 4

Easements are either held…

Answer 4

appurtenant to land or held in gross

Question 5

Easement appurtenant

Answer 5

Benefits holder in use/enjoyment of own land

Two parcels of land must be involved:
Dominant parcel dervices burden
SErvient parcel bears burden

Question 6

Easement in Gross

Answer 6

Confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment of their land.

There is servient land, but no dominant tenement (b/c the easement beenfits the holder rather than another parcel).

Example:
1) right to place a billboard on another’s lot
2) right to swim in anothers pond
3) utility companys right to lay power lines on anothers lot

Question 7

Transfer of Easemenet Appurtenant

Answer 7

Dominant tenement transfer: automatic regardless of its mention in conveyance.

Servient tenement transfer: Automatic UNLESS new owner is a bonafide purchaser without notice of the easement.

Question 8

Transfer of easement in gross

Answer 8

Not transferable unless it is for COMMERCIAL PURPOSES.

Question 9

Affirmative Easement Creation

Answer 9

PING

Prescription
Implication (usually preexisting use)
Necessity
Grant (signed writing UNLESS outside SoF (brief))

Question 10

Implied Easemenets

Answer 10

Created by operation of law. Exception to SoF requirement.

1) Easemenet Implied from Preexisting Use
2) Easement implied without any existing use

Question 11

Easement Implied from preexisting use

Answer 11

1) Previous use on the servient part was apparent and contiunious, AND
2) parties expected that hte use would survive division b/c it is reasoanbly necessary to the dominant tenement’s use and enjoyment

Question 12

Easement by Necessity

Answer 12

Landowner conveys a portion of her land with NO WAY OUT except over some part of the grantor’s remaining land.

Owner of the servient parcel has the right to locate the easement.

Question 13

Easement by Prescription

Answer 13

Acquired by analogy to adverse possession. ELEMENTS: (COAH)

1) Continious and uninterrupted use (for the given statutory period)
2) Open and notorious
3) Actual use (need not be exclusive)
4) Hostile Use (without servient owners consent)

Generally, cannot be acquired in public land.

Question 14

Scope of an easement

Answer 14

Set by terms of grantor conditions that created it.

Question 15

Termination of easements

Answer 15

ENDCRAMP

Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
Prescription

Question 16

Termination by Estoppel

Answer 16

Servient owner materially changes positions in reliance on expression of an intent to abandon by dominant tenement holder

NOTE: Oral expression of intent wont end easement, but reliance on it will through estoppel

Question 17

Termination by Necessiry

Answer 17

Ends when needs end

UNLESS the easemenet was reduced to an express grant (writing)

Question 18

Termination by Destruction

Answer 18

Destructoin of the servient land, other than through the willfull conduct of the servient owner, will terminate the easement.

Question 19

Termination by COndemnation

Answer 19

Condemnation of S by gov eminent domain power til terminate easement.

Courts split as to whether easement holders are owed compensation.

Question 20

Termination by Release

Answer 20

By the easement holder (dominant), given to servient land owner. Must be in writing.

Question 21

Termination by Abandonment

Answer 21

Easement holder shows, by physical action, an intent to never make use of the easement again.

Example: DOM builds structure on parcel that precludes her from ever reaching SERs parcel again.

Mere words, or non use is not suffieint.

Question 22

Termination by MErger

Answer 22

Title to both parcels become vested in same person.

Question 23

Termination by Prescription

Answer 23

Servient owner may extinguish the easement by interfering with it in accoradance with the elements of AP— COAH

Continous interference
Open and notorious
Actual
Hostile to the easement holder

Question 24

If an easement is “surcharged”…

Answer 24

The easements legal scope was exceeded