EASEMENTS Flashcards

1
Q

easement

A

non-possessory interest in land involving a RIGHT TO USE the land

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2
Q

E Apppurtenant (2)

A
  1. direct benefit
  2. to use and enjoyment of SPECIFIC PARCEL
    - servient (burdened) and dominant (benefited)
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3
Q

Ease in Gross

A

ONLY a servient estate (utility easement)

ex. gas company to permit gas line under land

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4
Q

Creation (express)(2)

A
  1. grant

2. reservation (when land sold)

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5
Q

Creation (implied)(2)

A
  1. previous use by common g’or
    - (i) continuous (ii) apparent AND (iii) reas. necessary
  2. “absolute right of access rule”
    - owner of servient can choose location as long as choice is reasonable
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6
Q

Easement by Prescription (like adverse possession) (4) (HUVO)

A
  1. HOSTILE/adverse
  2. UNINTERRUPTED/continuous
  3. VISIBLE and notorious OR with owner’s knowledge
  4. use w/ out OWNERS PERMISSION (oral permission is enough to destroy)
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7
Q

Ease Appurtenant (transfer)

A

benefit automatically along w/ DOMINANT estate, cannot be transferred separately

(all who succeed to title of DOMINANT become entitled)

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8
Q

Ease in Gross (transfer)(commercial vs. personal)

A

COMMERCIAL: always

PERSONAL: cannot

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9
Q

Servient estate (transfer)

A

easements are always binding on subsequent holders, even if not specifically mentioned, provided there was NOTICE

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10
Q

Easement Notice (3)

A
  1. Actual
  2. Constructive (duly recorded in buyer’s direct chain of title)
  3. Inquiry (i) buyers phys inspection of the land and visibly on land OR (ii) inspection of public records in buyers direct chain of title
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11
Q

“Reasonable Development” (presumption of use)

A

that development which would likely have been contemplated by the parties at the time easement was granted

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12
Q

Excessive use (remedy)

A

ENJOIN excessive but do not terminate easement

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13
Q

Repair of the easement (4)

A
  1. DOMINANT responsible for necessary repairs
  2. DOMINANT can always go on servient to repair (even if terms do not spec provide)
  3. REASONABLE RESTORATION of SERVIENT after making repairs to easement
  4. SERVIENT no repair obligation
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14
Q

Deed of Release Validity (2)

A
  1. in WRITING (S of F)

2. comply with all DEED FORMALITIES

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15
Q

Termination of an Easement (6)

A
  1. Unity of ownership
  2. deed of release
  3. abandonment
  4. termination by estoppel
  5. termination by prescription
  6. termination by necessity
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16
Q

abandonment (easement)

A

taking some physical action by holder of DOMINANT manifesting intent (no writing req)

*mere NON-USE is not abandonment

17
Q

Termination by estoppel (2)

A
  1. representation of RELINQUISH MENT by holder of DOMINANT

AND

  1. holder of servient must make a change in his or her position in reliance on that representation
18
Q

Termination by prescription

A

owner of SERVIENT must stop the use AND keep it stopped for period of time required by applicable statute of limitations

19
Q

Termination by necessity

A

once necessity ceases, implied easement ceases

20
Q

Easements for “view and sunlight”

A

NO implied easement for this!

21
Q

License (4)

A
  1. limited privilege to use land
  2. K right (not prop interest)
  3. revocable at will of licensor
  4. wrongful revocation- L’or pays DAMAGES
22
Q

Ticket Licenses

A

All tickets are licenses…holder no property rights in ticket, but may sue for damages for BREACH of K

23
Q

Irrevocable Licenses (2 rules)

A
  1. if easement fails (S of F), license created

2. if money spent on prop in furtherance of an ORAL LICENSE, then license becomes irrevocable

24
Q

Profits

A

gives the right to go on land and take natural resources (ex. coal, timber)
-implied easement so use “easement rules”