Easements

Question 1

Affirmative Easement

Answer 1

Gives the holder the right to do something on the land of another

Question 2

negative easement

Answer 2

Gives the holder the right to prevent a landowner from doing something on his land

Question 3

easement Appurtenant

Answer 3

Requires a dominant and servient tenement

Question 4

easement in Gross

Answer 4

Personal in nature, resulting in a servient but not a dominant estate

Question 5

Express Requirements

Answer 5

Express grant in writing; the Statute of Frauds generally applies.

Question 6

implication—By Prior use

Answer 6

1. severance of title to land held in common ownership;
2. an existing, open, and continuous use while it was in single
   ownership (quasi-easement); and
3. the common grantor manifesting intent for the quasi-easement to continue as a true easement after the division of land

Question 7

implication—By necessity

Answer 7

1. severance of title to land held in common ownership; and
2. strict necessity for the easement at the time of severance

Question 8

Prescription

Answer 8

Requires proof that the property is:

1. open and notorious;
2. actual;
3. continuous (the traditional period for prescription is 20 years);
4. hostile; and
5. exclusive.

Question 9

By Estoppel

Answer 9

Proof of:

1. an act or representation by the owner of the burdened estate in respect to the easement;
2. justifiable reliance on that act or representation by the owner of the benefited estate; and
3. damages suffered by the owner of the benefited estate if the easement is not recognized.

Question 10

Ways to Terminate Easement

Answer 10

1. Created for a specific term
2. Holder of dominate estate releases his interest to the holder of the servient estate
3. Easements terminates when dominant and servient estate holder is held by the same person
4. Easement is abandoned
5. Easement terminated by estoppel
6. Easement terminated by prescription

Question 11

Methods to create an easement

Answer 11

Express

Implication – by prior use

Implication – by necessity

Prescription

By estoppel

Question 12

What is an easement?

Answer 12

An interest in the land of another