Easements Flashcards
1
Q
Why are non possessory rights less unified?q
A
Developed after US became individual. Laws that regulate conflict tend to be more complex.
In contrast, Estates developed b4 Rev. War in England, already formed & were universal except LA.
2
Q
Touch & concern
A
Apply both restatement & also Powell & big elbow analysis
1)
2)
3
Q
Easement by necessity
A
Original unity of ownership
No way to reach public rd except over se isn’t estate.
4
Q
Prescriptive easement
Clifford likes small definitions with the terms (see parenthesis & make more,finish)
A
Open (visible) Adverse(non permissive) Continous(used as expected) Uninterrupted(used without break) Under a claim of right(used as dominant estates property) For the period of statute of limitation
5
Q
Use of an easement
A
Can only be used by dominant party or estate
Character of use:
