easements Flashcards
What is an implied easement?
A legal right to use another person’s land not created by a written agreement but arises from circumstances, conduct, or necessity
Implied easements are recognized based on the presumed intention of the parties when property was divided.
Why are implied easements recognized?
To ensure fairness and prevent unjust enrichment or hardship
For example, a buyer of a landlocked property should have access to their new land.
What is an easement by necessity?
A type of implied easement arising when a landowner divides property, creating a landlocked parcel that must cross the grantor’s land for access
This is the most common type of implied easement.
What are the key requirements for an easement by necessity?
- Unity of Ownership
- Necessity at Severance
- Strict Necessity
Give an example of an easement by necessity.
If Oliver sells a back portion of his property to Penelope and she can only access it by crossing Oliver’s remaining land.
What is an easement by prior existing use?
An implied easement that arises when a landowner uses part of their land for the benefit of another part before dividing the property
Also known as a quasi-easement.
What are the key requirements for an easement by prior existing use?
- Unity of Ownership
- Prior Existing Use
- Apparent and Continuous Use
- Reasonable Necessity
Provide an example of an easement by prior existing use.
If Quinn sells a house with a driveway that leads to it, and the driveway was used continuously to access the house.
What is an easement by prescription?
An easement acquired through continuous, open, notorious, adverse, and hostile use of another’s land for a statutory period
It grants the right to use but not ownership.
What are the key requirements for an easement by prescription?
- Continuous Use
- Open and Notorious Use
- Adverse or Hostile Use
- Statutory Period
Give an example of an easement by prescription.
If Sam drives across Tanya’s property for 25 years without her permission, and the state’s statutory period is 20 years.
What is an easement by implication from a plat or map?
An implied easement created when a developer records a plat showing community areas and sells lots with reference to that plat.
What are the key requirements for an easement by implication from a plat or map?
- Recorded Plat or Map
- Sale by Reference
- Intent to Create Easements
Provide an example of an easement by implication from a plat or map.
Homeowners likely have an implied easement to use a community park shown on a developer’s map.
What is the burden of proof for implied easements?
The party claiming an implied easement must prove all necessary elements for that specific type of easement.
What is the scope of an implied easement?
Usually limited to the nature and extent of the use that gave rise to the implication or necessity.
What legal action may be required for establishing an implied easement?
Court action may be needed to obtain a legal declaration of its existence.
True or False: The requirements for implied easements are the same in all states.
False
Requirements and recognition can vary slightly from state to state.
Why is understanding implied easements crucial in property law?
They can significantly impact the rights and obligations of landowners, even when not explicitly written down.
What is an express easement?
An express easement is a legal right to use another person’s land for a specific purpose, created by a written agreement.
True or False: An express easement must be created in writing.
True
Fill in the blank: The essential element of an express easement is the ____ agreement between the parties.
written
What are the two parties involved in an express easement called?
The dominant tenement (benefiting party) and the servient tenement (burdened party).
Which of the following is NOT a necessary element of an express easement? A) Intent, B) Duration, C) Payment
C) Payment
What type of easement allows access to a property for a specific purpose, such as a utility line?
An express easement.
True or False: An express easement can be implied from the conduct of the parties.
False
What must be included in a written express easement?
The specific location, purpose, and scope of the easement.
Fill in the blank: An express easement is typically recorded in the ____ to provide public notice.
land records
What is a common example of an express easement?
A right-of-way for accessing a landlocked property.
True or False: An express easement can exist indefinitely without any time limit.
True
What happens to an express easement if the dominant tenement is sold?
The easement generally remains in effect and transfers with the property.
Which of the following is an essential characteristic of an express easement? A) Necessity, B) Clarity, C) Exclusivity
B) Clarity
Short answer: What is the primary purpose of an express easement?
To allow the holder to use the servient land for a specific purpose.
Fill in the blank: The person who benefits from an express easement is known as the ____ tenement.
dominant
What is the significance of the term ‘scope’ in an express easement?
It defines the extent and limitations of how the easement can be used.
True or False: An express easement can be revoked at any time by the servient tenement owner.
False, unless specifically stated in the agreement.
Multiple choice: Which of the following best describes an express easement? A) Informal agreement, B) Legally binding contract, C) Verbal agreement
B) Legally binding contract
What is a potential issue that can arise with express easements?
Disputes over the interpretation of the easement’s scope or use.
What is an implied easement?
An implied easement is a right to use another’s property that is not explicitly stated in a deed but is inferred from the circumstances.
True or False: An implied easement can be established by the actions of the parties involved.
True
Fill in the blank: An implied easement typically arises from the necessity of _________.
access
What are the two primary types of implied easements?
Implied easement by prior use and implied easement by necessity.
Multiple Choice: Which of the following is NOT a necessary element for establishing an implied easement?
A written agreement
What is an implied easement by prior use?
It is an easement that arises when a property owner sells part of their land but retains a right to use a portion of that land that is necessary for the enjoyment of the remaining land.
True or False: An implied easement by necessity requires that the easement be strictly necessary for the use of the dominant estate.
True
What must be shown to establish an implied easement by necessity?
That the property was once a single parcel and that the easement is essential for access to the dominant estate.
Fill in the blank: Implied easements are generally recognized in ________ law.
property
Multiple Choice: Which of the following is a characteristic of implied easements?
They are not written down in a deed.
What is the significance of the ‘unity of title’ in implied easements?
It refers to the requirement that the dominant and servient estates were once part of the same ownership.
True or False: Implied easements can be created by mere convenience.
False
What role does ‘reasonable necessity’ play in implied easements?
It determines whether the easement is essential for the use and enjoyment of the dominant estate.
Fill in the blank: An implied easement exists if it is ________ from the circumstances surrounding the property.
inferred
Multiple Choice: Which of the following would likely NOT qualify for an implied easement?
A path used only occasionally by the property owner.
What is the difference between an implied easement and an express easement?
An express easement is explicitly granted in a deed, while an implied easement is not written but inferred from circumstances.
True or False: Implied easements can be terminated like express easements.
True
What is the ‘dominant estate’ in the context of implied easements?
The property that benefits from the easement.
What is the ‘servient estate’ in the context of implied easements?
The property that is burdened by the easement.
Fill in the blank: An implied easement may arise when a property owner sells land but does not provide for ________ access.
necessary
What is an easement by necessity?
It arises when a landowner divides their property, and the newly created parcel is landlocked, needing access over the remaining land of the grantor.
This type of easement requires strict necessity and must have been created by the severance.
What are the key requirements for an easement by necessity?
- Unity of Ownership
- Necessity at Severance
- Strict Necessity
What is an example of easement by necessity?
Oliver sells a landlocked parcel to Penelope, who can only access it by crossing Oliver’s remaining land.
A court would likely find an easement by necessity for Penelope.
What is an easement by prior existing use?
It arises when a landowner uses a part of their land for the benefit of another part, and this use continues after the property is divided.
This type is also known as a quasi-easement.
What are the key requirements for an easement by prior existing use?
- Unity of Ownership
- Prior Existing Use
- Apparent and Continuous Use
- Reasonable Necessity
What is an example of easement by prior existing use?
Quinn sells part of her property but continues to use a driveway across it to access her house.
If the driveway was the obvious way to access the house, an easement may be implied.
What is easement by prescription?
It is acquired through continuous, open, notorious, adverse, and hostile use of another’s land for the statutory period.
It grants the right to use, not ownership.
What are the key requirements for an easement by prescription?
- Continuous Use
- Open and Notorious Use
- Adverse or Hostile Use
- Statutory Period
What is an example of easement by prescription?
Sam uses a path across Tanya’s property for 25 years without permission, potentially acquiring an easement.
If the statutory period is 20 years, he may have a valid claim.
What is easement by implication from a plat or map?
It occurs when a developer records a plat showing streets or access ways, and buyers purchase lots relying on that access.
What are the key requirements for easement by implication from a plat or map?
- Recorded Plat or Map
- Sale by Reference
- Intent to Create Easements
What is an example of easement by implication from a plat or map?
Homeowners in a subdivision have an implied easement to use roads shown on the recorded plat.
This is based on the developer’s intent.
What is the burden of proof regarding implied easements?
The party claiming an implied easement must prove all necessary elements for that specific type of easement.
What is the scope of an implied easement?
It is usually limited to the nature and extent of the use that gave rise to the implication or necessity.
What is a key consideration for establishing an implied easement?
Establishing an implied easement often requires court action to obtain a legal declaration of its existence.
What are the main categories of easements by creation?
- Express Easements
- Implied Easements
What defines express easements?
These are created by a written agreement between landowners, clearly defining location, scope, and purpose.
What characterizes appurtenant easements?
They benefit a specific piece of land and ‘run with the land,’ transferring automatically with the dominant estate.
What is an example of an appurtenant easement?
Tom’s right to access the lake across Sarah’s property, which transfers if Tom sells his land.
What are easements in gross?
They benefit a specific person or entity rather than a piece of land and may be transferable depending on terms.
What is an example of an easement in gross?
A utility company’s easement to run power lines across someone’s property.
What are affirmative easements?
These allow the easement holder to do something on the servient estate that they would otherwise not be permitted to do.
What are negative easements?
These restrict the owner of the servient estate from doing something on their own land.
True or False: An easement by prescription grants ownership of the land.
False
Fill in the blank: An easement by necessity requires the lack of access to be _______.
absolute
