Easements Flashcards
Easement
a grant of non-possessory property interest that entitles its holder to some form of use or enjoyment of another’s land. Affirmative and Negative
Affirmative Easement
Most easements are this.
The right to do something on servient land.
Ex. right to place utility lines on another’s land or a right of way
Negative Easements
Allows the holder of land to prevent the servient holder to do something otherwise permissable
Categories of Negative Easements
- Light
- Air
- Support
- Stream water from an artificial flow
- Minority view: scenic view
Negative Easements
Allows the holder of land to prevent the servient holder to do something otherwise permissible.
NO AUTOMATIC RIGHT TO NEGATIVE EASEMENT
Negative Easements
Allows the holder of land to prevent the servient holder to do something otherwise permissible.
NO AUTOMATIC RIGHT TO NEGATIVE EASEMENT
Appurtenant Easement
when the easement benefits the holder in his physical or or enjoyment of his property. Two parcel involved, dominant and servient.
Transfer automatically with the dominant easement
Dominant Land
gets the benefit of the easement
Servient Land
bears the burden of the easement
Easement Held in Gross
when it gives its holder some personal or commercial advantage not related to his use or enjoyment of land. Servient land only no dominant.
Ex. Fishing in one’s pond
Easement Transferability
- Transferred automatically with the dominant tenement
2. Easement in gross cannot transfer UNLESS for commercial purposes
Easement Transferability
- Transferred automatically with the dominant tenement
2. Easement in gross cannot transfer UNLESS for commercial purposes
Four type of affirmative easement Creation
- Perscription
- Implication
- Necessity
- Grant
Easement by Prescription
easement is obtained via adverse possession
- Continuous use for statutory period
- Open and notorious
- Actual Use
- Hostile Use
Easement by Implication
easement runs with the land if
- previous use was apparent
- the parties expected that the easement would survive the division because it is necessary for dominant’s use and enjoyment
Easement by Necessity
Grantor coney’s part of land with no way out except over some part of the grantor’s remaining land.
Landlocked
Easement by Grant
easement to endure for more than a year must be in writing –> called Deed of Easement
Scope of an Easement
set by the terms or condition that created it and there is no UNILATERAL EXPANSION
Scope of an Easement
set by the terms or condition that created it and there is no UNILATERAL EXPANSION
Terminating an Easement
- Easements of necessity expires as soon as the necessity ends
- Estoppel Doctrine - Easement will not be enforced when the servient owner materially changes position on the easement holder’s insurances
- By written release given by the easement holder to the servient owner. Most Common
- By abandonment - easement holder must demonstrate by physical action to never use the easement again
- Merger Doctrine - utility of ownership, when the title to the easement and title to the servient land become vested in the same person
- Prescription - Adverse possession to prevent use of easement
Estoppel Doctrine
Servient owner materially changes position in reasonable reliance on the easement holders assurances that the easement will not be enforced
Merger Doctrine
Utility of ownership. When the title to the easement and title to the servient land become vested in the same pereson
Licenses
- Privilege to enter another’s land for specific purpose
- Not subject to SoF
- Freely revocable at the will of licencor unless estoppel applies
- Seemingly oral easements create freely revocable licenses
- Estoppel will bar revocation of a license but only when there is invested substantial money, labor or both in reliance of the continuation of the license
Public Trust Doctrine
public prescriptive easement. A right given to the whole public to enjoy use of dry sand, inland rivers and lakes
