EASEMENTS

Question 1

easement

Answer 1

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

Question 2

E Apppurtenant (2)

Answer 2

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

Question 3

Ease in Gross

Answer 3

ONLY a servient estate (utility easement)

ex. gas company to permit gas line under land

Question 4

Creation (express)(2)

Answer 4

1. grant

2. reservation (when land sold)

Question 5

Creation (implied)(2)

Answer 5

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

Question 6

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

Answer 6

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)

Question 7

Ease Appurtenant (transfer)

Answer 7

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

(all who succeed to title of DOMINANT become entitled)

Question 8

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

Answer 8

COMMERCIAL: always

PERSONAL: cannot

Question 9

Servient estate (transfer)

Answer 9

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

Question 10

Easement Notice (3)

Answer 10

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

Question 11

“Reasonable Development” (presumption of use)

Answer 11

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

Question 12

Excessive use (remedy)

Answer 12

ENJOIN excessive but do not terminate easement

Question 13

Repair of the easement (4)

Answer 13

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

Question 14

Deed of Release Validity (2)

Answer 14

1. in WRITING (S of F)

2. comply with all DEED FORMALITIES

Question 15

Termination of an Easement (6)

Answer 15

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

Question 16

abandonment (easement)

Answer 16

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

*mere NON-USE is not abandonment

Question 17

Termination by estoppel (2)

Answer 17

1. representation of RELINQUISH MENT by holder of DOMINANT

AND

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

Question 18

Termination by prescription

Answer 18

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

Question 19

Termination by necessity

Answer 19

once necessity ceases, implied easement ceases

Question 20

Easements for “view and sunlight”

Answer 20

NO implied easement for this!

Question 21

License (4)

Answer 21

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

Question 22

Ticket Licenses

Answer 22

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

Question 23

Irrevocable Licenses (2 rules)

Answer 23

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

Question 24

Profits

Answer 24

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