Easements

Question 1

Easements

Answer 1

real prop interest (irrevocable, SoF) in right to use another’s land

Question 2

affirmative easements:

Answer 2

give right to do something on prop; negative easements (restrictive covenants): agreements that owner won’t do something on own land (positive covenant: agreement to do something on own land)

Question 3

ii) Whether easement is appurtenant (“runs w/ land”) or in gross depends on..

Answer 3

intent of parties

Question 4

Dominant tenement

Answer 4

benefitted parcel

Question 5

Servient tenement:

Answer 5

parcel subject to the easement (burdened)

Question 6

Easements Appurtenant:

Answer 6

easement on servient tenement created for benefit of dominant tenement; run w/ land

Question 7

Easements Appurtenant: Scope of use

Answer 7

Reasonableness AND intent inquiry: factors: burden on servient tenement; K language

Question 8

Cushman:

Answer 8

Can subdivide dominant tenement (giving easement to all owners) and increase intensity of burden, but cannot expand width of road
(a) F: Lot 3 (dominant tenement) subdivided with right of way road through Lots 1, 2–>while road could not be expanded, all owners on Lot 3 could use

Question 9

Easements in Gross:

Answer 9

confers benefit not related to use of another tract
i) traditionally, not assignable unless for commercial use–>problem: assign (for profit) to many entities, servient estate is overburdened by all entities w/ right to use
Solution-one stock rule: right to use is assignable but not divisible

Question 10

Lutheran Camp Case:

Answer 10

Since Camp used lake as though they had right (open/notorious) w/o objection, they acquired right to swim
(i) F: (commercial) bros (R/F) owned collective easement in gross for use of lake; R transferred interest to Camp; F sues to stop their use claiming R didn’t have right to transfer–>Camp has right