Easements

Question 1

Easement

Answer 1

• Right to do something on land that someone else owns
• Termination: (1) Unity of Ownership; (2) Abandonment; (3) Condemnation; (4) Prescription
• Grant must state: (1) Easement (v. possessory estate); (2) Location; (3) Scope; (4) Duration

Question 2

Kinds of Easements

Answer 2

(1) Appurtenant Easement: attaches to the land
(2) In Gross Easement: attaches to the person
- cannot be transferred, unless commercial

Question 3

Appurtenant Easement

Answer 3

-Attached to the land
-Automatically runs with sale of dominant land
-need NOTICE to run with the sale of the servient land
(AIR): Actual; Inquiry; Recordation

Question 4

Creation of Easements

Answer 4

PINE-E

• PRESCRIPTION:
• IMPLIED:
• NECESSITY:
• EXPRESS GRANT:
• ESTOPPEL

Question 5

Creating an Easement by Prescription

Answer 5

O-CAN

• Open & notorious
• Continuous Use (KS - 15 yrs)
• Actual
• Non-Permissive

Prevention:

(1) physically block use
(2) get injunction
(3) give permission & have them acknowledge it

Question 6

Creating an Easement by Implied Grant/Reservation

Answer 6

• created by conduct (no words/docs necessary)
• Elements
  (1) common ownership before the lots were split
  (2) continuous use of easement before the lots split
  (3) use is of reasonably necessity
  (4) visible to use of the servient land

Question 7

Creating an Easement of Necessity

Answer 7

-Elements
(1) Common ownership & (2) strictly necessary to use
& enjoyment of the property
-Purpose: land access & utility lines

Question 8

Creating an Easement with Express Grant/Reservation

Answer 8

(1) Express Grant: owner of servient land grants easement

2) Express Reservation: 1 P owns both, sells one & includes easement in deed (must be for yourself

Question 9

Creating an Easement by Estoppel

Answer 9

License ripens into an easement bc of RELIANCE + INTENT (usually shown through payment of money)

Question 10

Scope of Easements

Answer 10

-Stays w/in original scope
-Outside of scope if…
(1) Excessive or unreasonable use;
(2) dom. land owner increases the size of the dom. land
unilaterally;
-Remedies: (1) damages or (2) injunction — NOT TERMINATION OF EASEMENT

Question 11

Termination of Easements

Answer 11

(1) MERGER: 1 person owns both dom & serv. land
(2) RELEASE: dom. land owner coveys back to serv. land owner by written deed
(3) ESTOPPEL: money + reliance (= detrimental reliance)
(4) ABANDONMENT: (1) long period of non-use + (2) addt’l evid. of dom. land owner’s intent to abandon
(5) PRESCRIPTIVE BLOCKAGE: reverse adverse possession
(10 yrs)
(6) END OF NECESSITY: no longer of necessity

Question 12

Licenses

Answer 12

• Permission from owner to occupy land for limited time, not interest in land
• Creation: may be created orally
• Remedies: maybe damages, if license is interfered w/
• Revocability: ALWAYS REVOCABLE

Question 13

Covenant

Answer 13

-Negative Easement - promise NOT to do something on YOUR OWN land
-Covenant/Promise MUST…
(1) be in writing
(2) be given for consideration
(3) be notarized
(4) state that it binds & benefits future owners o/each
parcel - run with the land
-NEED Notice

Question 14

Enforcing Covenants

Answer 14

(1) Writing; (2) Intent (to bind both Ps); (3) Notice; (4) Touch & Concern (the land); (5) Vertical Privity; (6) Horizontal Privity

Question 15

Terminating Covenants

Answer 15

(1) Merger
(2) Released/Waived by ALL owners
(3) Abandonment
(4) Changed Neighborhood Conditions: everyone else broke it and do not have clean hands to bring action