Easements

Question 1

What is an easement?

Answer 1

Right held by one person to make use of another person’s land.

Question 2

What is the servient estate?

Answer 2

Land burdened by the easement.

Question 3

What is the dominant estate?

Answer 3

Land benefited by the easement.

Question 4

What is an affirmative easement?

Answer 4

The holder has the right to do something on someone else’s property.

Question 5

What is a negative easement?

Answer 5

The holder has the right to prevent someone from doing something on her land

Question 6

What is an easement appurtenant?

Answer 6

Easement is tied to the use of the land.

• this is fully transferable. Goes with the land.

Question 7

What is it in gross easement?

Answer 7

And easement that benefits the holder personally.

• there is no dominant estate only a Servient estate.

Question 8

What is an express easement?

Answer 8

An easement created by formal grant.

•Can also be created by our reservation. This occurs when a grantor conveys land but reserves an easement right in the land for the grantors use and benefit.

• subject to the statues of frauds
• subject to the recording acts.

Question 9

Can a negative easement be created by implication?

Answer 9

No, must be express.

Question 10

What are the four implied easement?

Answer 10

1. Easement by necessity
2. Easement by implication (prior use)
3. Easement by prescription
4. Easement by estoppel

Question 11

Are implied easement subject to the statute of frauds?

Answer 11

No

Question 12

Are the implied easement subject to the recording statute?

Answer 12

No, unless the subsequent purchaser had notice of the easement.

Question 13

Are implied easement transferable?

Answer 13

Yes

Question 14

When is a easement created by necessity?

Answer 14

Only when property is virtually useless.

• when the property is landlocked; there’s no road or access without crossing another delay.

Question 15

What conditions need to be met for an implied easement by necessity?

Answer 15

1. Common ownership: Dominate and servient estate or own in common by one person; and
2. Necessity at severance: when the states were severed into separate estates (severance), one of the properties we can virtually useless without an easement.

Question 16

When does the implied easement by necessity end?

Answer 16

What it is no longer necessary.

Question 17

What is the implied easement by implication?

Answer 17

An easement by implication is created by existing use on a property.

Question 18

What conditions must be met to create an implied easement by implication?

Answer 18

1. Common ownership: a large estate owned by one owner.
2. Before severance: the owner of the large track uses the land as if there’s an easement on it.
3. After severance: use must be continuous and apparent at the time of severance.
4. Necessary use must be reasonable and necessary to the dominant estates use and enjoyment.

Question 19

What is the implied easement by prescription?

Answer 19

It is like acquiring an easement by adverse possession.

• elements are the same as adverse possession, except exclusivity.

Question 20

How is an implied easement by estoppel created?

Answer 20

1. Permissive: starts with a permissive (license) use.
2. Reliance: continues with the second neighbors relies on the first neighbors promise.

• reliance must be reasonable and in good faith

3. Permission to withdraw: finally the first neighbor withdraw his permission.

• if reliance was detrimental to the second neighbor, the first neighbor is a estopped from withdrawing permission, in effect creating an easement.

Question 21

Who has a duty to maintain the property subject to the easement?

Answer 21

The owner of the easement.

• parties can agree otherwise.

Question 22

What are the seven ways to terminate a easement?

Answer 22

1. Release
2. Merger
3. Abandonment
4. Prescription
5. Sell to a bona fide purchaser
6. Estoppel
7. End of necessity

Question 23

How does a release terminate the easement?

Answer 23

The holder of the easement especially releases it. The release must be a writing, because it is subject of the statute of fraud.

Question 24

How does a merger terminate a easement?

Answer 24

And easement is terminated if the owner of the easement acquires fee title to the underlying estate. The easement merges into the title.

Question 25

How does abandonment terminate a easement?

Answer 25

Owner acts in affirmative way that shows a clear intent to relinquish the right .

• Requires more than not use or statement
• usually need no use plus an act demonstrating intent to abandon.

Question 26

How does prescription terminate a easement?

Answer 26

Holder fails to protect against a trespasser for the statutory period.

Question 27

How does estoppel terminate a easement?

Answer 27

Servient owner change his position to his detriment in reliance on a statement/conduct of the easement holder that the easement is abandoned.

Question 28

How does the easement terminate by end of necessity?

Answer 28

And easement by necessity last as long as the easement is needed. If it is no longer necessary, the easement ends.

Question 29

What is a profit?

Answer 29

A right to enter another land and remove a specific natural resource.

• operate similarly to easements, but profits cannot be created by the Necessity.

Question 30

What is a license?

Answer 30

A revocable permission to use another land.