Easements

Question 1

Easement

Answer 1

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

Question 2

Affirmative Easement

Answer 2

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

Question 3

Negative Easements

Answer 3

Allows the holder of land to prevent the servient holder to do something otherwise permissable

Question 4

Categories of Negative Easements

Answer 4

1. Light
2. Air
3. Support
4. Stream water from an artificial flow
5. Minority view: scenic view

Question 5

Negative Easements

Answer 5

Allows the holder of land to prevent the servient holder to do something otherwise permissible.

NO AUTOMATIC RIGHT TO NEGATIVE EASEMENT

Question 6

Negative Easements

Answer 6

Allows the holder of land to prevent the servient holder to do something otherwise permissible.

NO AUTOMATIC RIGHT TO NEGATIVE EASEMENT

Question 7

Appurtenant Easement

Answer 7

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

Question 8

Dominant Land

Answer 8

gets the benefit of the easement

Question 9

Servient Land

Answer 9

bears the burden of the easement

Question 10

Easement Held in Gross

Answer 10

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

Question 11

Easement Transferability

Answer 11

1. Transferred automatically with the dominant tenement

2. Easement in gross cannot transfer UNLESS for commercial purposes

Question 12

Easement Transferability

Answer 12

1. Transferred automatically with the dominant tenement

2. Easement in gross cannot transfer UNLESS for commercial purposes

Question 13

Four type of affirmative easement Creation

Answer 13

1. Perscription
2. Implication
3. Necessity
4. Grant

Question 14

Easement by Prescription

Answer 14

easement is obtained via adverse possession

1. Continuous use for statutory period
2. Open and notorious
3. Actual Use
4. Hostile Use

Question 15

Easement by Implication

Answer 15

easement runs with the land if

1. previous use was apparent
2. the parties expected that the easement would survive the division because it is necessary for dominant’s use and enjoyment

Question 16

Easement by Necessity

Answer 16

Grantor coney’s part of land with no way out except over some part of the grantor’s remaining land.

Landlocked

Question 17

Easement by Grant

Answer 17

easement to endure for more than a year must be in writing –> called Deed of Easement

Question 18

Scope of an Easement

Answer 18

set by the terms or condition that created it and there is no UNILATERAL EXPANSION

Question 19

Scope of an Easement

Answer 19

set by the terms or condition that created it and there is no UNILATERAL EXPANSION

Question 20

Terminating an Easement

Answer 20

1. Easements of necessity expires as soon as the necessity ends
2. Estoppel Doctrine - Easement will not be enforced when the servient owner materially changes position on the easement holder’s insurances
3. By written release given by the easement holder to the servient owner. Most Common
4. By abandonment - easement holder must demonstrate by physical action to never use the easement again
5. Merger Doctrine - utility of ownership, when the title to the easement and title to the servient land become vested in the same person
6. Prescription - Adverse possession to prevent use of easement

Question 21

Estoppel Doctrine

Answer 21

Servient owner materially changes position in reasonable reliance on the easement holders assurances that the easement will not be enforced

Question 22

Merger Doctrine

Answer 22

Utility of ownership. When the title to the easement and title to the servient land become vested in the same pereson

Question 23

Licenses

Answer 23

1. Privilege to enter another’s land for specific purpose
2. Not subject to SoF
3. Freely revocable at the will of licencor unless estoppel applies
4. Seemingly oral easements create freely revocable licenses
5. 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

Question 24

Public Trust Doctrine

Answer 24

public prescriptive easement. A right given to the whole public to enjoy use of dry sand, inland rivers and lakes