Easements

Question 1

Easements

Answer 1

Grant of nonpossessory property interest, entitles holder to some form of use or enjoyment of another’s land (servient tenement)

Question 2

Affirmative v. Negative Easement

Answer 2

Affirmative - Most easements - gives right to do something on servient land.

Negative - Prevents servient landowner from doing something that would otherwise be permissible.

Question 3

Negative Easements Creation (LASS)

Answer 3

Generally only recognized in 4 categories

Light
Air
Support
Stream from Artificial Source
Scenic View some states

Question 4

Easement Appurtenant

Answer 4

BENEFITS HOLDER IN USE OR ENJOYMENT OF DOMINANT LAND

runs automatically with dominant property (no mention needed)
runs automatically with servient property (unless BFP)

Question 5

Easement In Gross

Answer 5

Does not involve to pieces of land, merely gives holder personal or pecuniary advantage NOT related to the use and enjoyment of HIS LAND.

Personal advantage NON TRANSFERABLE
Economic advantages ARE TRANSFERABLE

Question 6

Creation of Affirmative Easement (PING)

Answer 6

P - Prescription (Obtained through Adverse Possession)
I - Implication (previous use)
N - Necessity - landlocked
G - Grant, look for more than 1 year grant needs to be in writing conforming to formal elements of deed

Question 7

Termination of Easement (END CRAMP)

Answer 7

E - Estoppel, servient owner materially changes position in reasonable reliance on holder’s assurances.
N - Necessity, Expires as soon as need ends
D - Destruction, of servient land, EXCEPT willful destruction
C - Condemnation
R - Release - written release given by holder to servient
A - Abandonment, Physical action demonstrating intent never to use again
M - Merger
P - Through adverse possession