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Property > Easements > Flashcards

Easements Flashcards

1
Q

Define “easement.”

A

The grant of a nonpossessory property interest that entitles its holder to some form of use or enjoyment of another’s land (called the servant tract).

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2
Q

What is a “servant tract”?

A

A piece of land over which some other person has a form of use or enjoyment.

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3
Q

Easements can be ___ or ____.

A

Positive or negative

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4
Q

Most easement are _____.

A

Affirmative

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5
Q

What does a negative easement do, generally?

A

It entitles its holder to prevent the servant landowner from doing something that would otherwise be permissible

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6
Q

Negative easements are generally recognized in only four categories. What are they? Pneumonic?

A

LASS

Light

Air

Support

Stream water from an artificial flow

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7
Q

True or false. A negative easement can be created orally.

A

False

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8
Q

In what situation does someone gain an automatic right to a negative easement?

A

None. No automatic or natural right to a negative easement.

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9
Q

An easement can either be ______ to the land or it is held ___ ______.

A

Appurtenant

In gross

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10
Q

When is an easement appurtenant?

A

When it benefits its holder in his physical use or enjoyment of his property.

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11
Q

What pneumonic do we use to identify an easement appurtenant?

A

It takes two, baby (i.e., two parcels are required).

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12
Q

Which tenant bears the burden of an easement appurtenant?

A

Servient tenant

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13
Q

A grants B a right of way across A’s land so that B can more easily reach his land. B’s land is benefited by the easement. In easement parlance, it is the dominant tenement. A’s land is serving B’s easement. It is the servant tenant.

B has a . . .

A

Easement appurtenant to B’s dominant tenement.

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14
Q

When is an easement considered “in gross”?

A

When it confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land.

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15
Q

Who has the dominant tenement in an easement in gross?

A

No one. Only servant tenement exists.

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16
Q

The right of one person to place a billboard on another’s land is which type of easement?

A

Easement in gross

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17
Q

How does an easement appurtenant pass?

A

Automatically with the dominant tenement, regardless of whether it is mentioned in the conveyance.

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18
Q

A has as easement entitling her to cut across B’s lawn to get more easily to her land.

This is an . . . ? A’s land is . . . ? B’s land is . . . .?

A

Easement appurtenant

Dominant

Servient

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19
Q

A has as easement entitling her to cut across B’s lawn to get more easily to her land.

Now A seeks her parcel to X, with no mention of the easement. Does X get to use the easement? Explain.

A

Yes. This is an easement appurtenant and such easements pass automatically with the dominant tenement.

20
Q

An easement appurtenant will automatically pass with the servant estate UNLESS . . .

A

The new owner is a BFP without any notice.

21
Q

When and only when is an easement in gross transferrable?

A

When it is commercial.

22
Q

A has an easement entitling her to swim in B’s lake.

Easement type?

Transferrable?

A

Easement in gross

Not transferrable, as it is not commercial.

23
Q

What are the four ways to create an affirmative easement? Pneumonic?

A

PING

Prescription

Implication

Necessity

Grant

24
Q

When the affirmative easement is created by grant and lasts more than 1 year, what must be true?

A

Must be writing. Called Deed of Easement.

25
Q

A owns two lots. Lot 1 is hooked up to a sewer drain located on Lot 2. A sells Lot 1 to B, with no mention of B’s right to continue to use the drain on A’s remaining Lot 2. The court may nonetheless imply an easement on B’s behalf IF which two things are true?

A

The previous use was APPARENT

The parties EXPECTED it would continue because it was reasonably necessary to the dominant land’s use.

26
Q

In which sort of situation will an affirmative easement be created by necessity?

A

Landlocked parcel. An easement of right of way will be implied by necessity if the grantor conveys a portion of land with no way out except over part of the grantor’s remaining land.

27
Q

What does it mean to acquire an affirmative easement by prescription?

A

Satisfy the elements of adverse possession.

28
Q

To acquire an easement by prescription, what four elements must be present? Pneumonic?

A

COAH

Continuous use for statutory period

Open and notorious use

Actual use

Hostile use

29
Q

What element, if present, will defeat an affirmative easement by prescription?

A

Owner permission.

30
Q

The scope of an easement is determined by what?

A

The terms that created it.

31
Q

A grants B an easement to use A’s private road to get to and from B’s parcel, Blackacre.

B has an?

A’s parcel is?

A

Easement appurtenant

Servient

32
Q

A grants B an easement to use A’s private road to get to and from B’s parcel, Blackacre.

Subsequently, B purchases the adjacent Greenacre, with its small marina. May B unilaterally expand the use of the easement to benefit Greenacre? Explain.

A

No. Unilateral expansion of an easement is not allowed.

33
Q

How do we remember the ways in which an easement may be terminated?

A

The easement is cramping my style. I want to END CRAMP.

34
Q

What does END CRAMP stand for?

A

The ways to end an easement

Estoppel
Necessity
Destruction of the servient land (non-willful)
Condemnation of the servient estate
Release (written)
Abandonment
Merger doctrin
Prescription
35
Q

How does an easement end by estoppel?

A

The servient landowner materially changes his or her position in reasonable reliance on the easement holder’s assurances that the easement will not be enforced.

36
Q

A tells B that A will no longer be using her right of way across B’s land. In reliance thereon, B builds a swimming pool on her parcel, thereby depriving A of her path. Terminated? If no, why? If yes, which type?

A

Yes, terminated.

Termination by estoppel.

37
Q

How does an easement end by necessity? When will it fail to end?

A

The need upon which the easement was based no longer exists.

It wil fail to end if it was created by express grant.

38
Q

O conveys a portion of his land to A, with no means of across except over a portion of O’s remaining land. The parties reduce their understanding to an express writing. Thereafter, the city builds a public roadway affording A access out.

Terminated? If no, why? If yes, which type?

A

No, not terminated.

This is an easement by necessity and the need no longer exists, BUT it was created by express grant.

39
Q

What must be true for an easement to end by destruction of the servient land?

A

The destruction cannot be attributable to the willful conduct of the servient owner.

40
Q

What is required for an easement to end by condemnation of the servient estate?

A

An exercise of eminent domain.

41
Q

What must be true of a termination of an easement by release?

A

Must be written

42
Q

To prove termination by abandonment, the easement holder must demonstrate, by physical action . . .

What is not enough?

A

That he never intends to make use of the easement again.

Mere words not enough

43
Q

Explain how the Merger Doctrine terminates an easement.

A

The easement is extinguished when title to the easement and title to the servient land become vested in the same person.

44
Q

Under the Merger Doctrine, how can an easement be revived and being terminated?

A

It cannot.

45
Q

What four elements are required to terminate an easement via prescription?

A

Continuous interference

Open and notorious possession

Actual interference

Hostility to the easement holder.

46
Q

A has an easement of right of way across B’s parcel. B erects a chain link fence on B’s parcel, thereby precluding A from reaching it. Over time, B may succeed in extinguishing the easement through which method?

A

Prescription.

Property (34 decks)

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