Easements

Question 1

Quick Checklist

Answer 1

1. Define 2. Creation 3. Characteristics (Appurtenant or In Gross) 4. Scope 5. Termination 6. License/Profit

Question 2

Easements (Definition)

Answer 2

An easement is a grant of a non-possessory interest in land that entitles its holder to some form of use or enjoyment of the land. An easement can either be affirmative (right to do something) or negative (restriction from doing something - LASS). Easements are classified as either Appurtenant or In Gross.

Question 3

Easement Appurenant

Answer 3

An easement appurtenant involves two parcels of land; a dominant land receiving the benefit and the servient land bearing the burden. Here…

Question 4

Easement in Gross

Answer 4

An easement in gross involves only a servient parcel of land and grants the holder of the right to use the land for some PERSONAL or FINANCIAL advantage.

Question 5

Easement in Gross - Personal

Answer 5

Non-transferrable

Question 6

Easement in Gross - Financial/Commerical

Answer 6

Transferable if BF purchaser and notice

Question 7

Easement Creation

Answer 7

PING R (Prescription, Implication, Necessity, Grant, Reservation)

Question 8

Prescription (Adverse Possession)

Answer 8

An easement may be acquired by prescription by satisfying the elements of adverse possession. (COAH) Unlike adverse possession, prescription DOES NOT require EXCLUSIVE use.

Question 9

Implication

Answer 9

An easement may be implied if prior to a DIVISION OF PROPERTY, previous use was apparent and continuous and the use was reasonably necessary such that the parties expected it to survive the division. Courts will look to the difficulty of alternatives and if the price paid reflected the expected continued use. Here…

Question 10

Necessity

Answer 10

An easement will be implied by necessity if the grantor conveys part of his land to a grantee with no way to access that land, except over some part of the grantor’s remaining land. Here…

Question 11

Grant

Answer 11

An easement by express grant for more than 1 year must be in writing (SoF) and comply with the formal elements of a deed. An express grant easement is presumed to be of perpetual duration. Here…

Question 12

Reservation

Answer 12

Common law - cannot reserve easement for 3rd party

Now - you can reserve right to easement for 3rd party (Church case)

Question 13

Scope of Easement

Answer 13

The scope of an easement is set by the terms or conditions that created it. The courts assume that the easement was intended to meet both the present and future needs of the dominant land (can widen for larger cars), but a change in the nature of an easement is not allowed (turning private road into highway). Excessive use does NOT terminate the easement, rather the affected party should file for an order of conforming use. Here…

Question 14

Repair of Easement

Answer 14

The owner of the dominant (benefited) estate is responsible for making necessary repairs and always has permission to enter servient property to repair the easement, but must restore property to previous condition after repair.

Question 15

Termination of Easements

Answer 15

END CRAMP (Estoppel, Necessity, Destruction, Condemnation, Release, Abandonment, Merger, Prescription)

Question 16

Estoppel

Answer 16

An easement may be terminated if the dominant owner expresses an intent to terminate the easement and the servient owner MATERIALLY CHANGES POSITIONS in reasonable reliance on the easement holder’s statement. Here…

Question 17

Necessity

Answer 17

Easements created by necessity expire as soon as the necessity ends. Here…

Question 18

Destruction

Answer 18

Destruction of the servient land, other than through intentional wrongdoing, will end the easement. Here…

Question 19

Condemnation

Answer 19

Condemnation of the servient land by eminent domain ends the easement. Here…

Question 20

Release

Answer 20

A written release from the owner of the easement to the owner of the servient land will end the easement. Here…

Question 21

Abandonment

Answer 21

An easement is terminated when its holder demonstrates by PHYSICAL ACTION, the INTENT to never use the easement again. Merely expressing a wish not to use again does not terminate the easement and neither does non-use. Here…

Question 22

Merger

Answer 22

An easement will be terminated if the title to the easement and the title to the servient land become vested in the SAME PERSON. Once terminated, the easement cannot be revived with a subsequent division of the property. Here…

Question 23

Prescription

Answer 23

The servient owner may extinguish an easement by interfering with it in accordance with the elements of adverse possession. Here…

Question 24

Licenses

Answer 24

A license is a mere privilege to enter onto another’s land for some delineated purpose. A signed writing (SoF) is not required because a license is NOT an interest in land (mere privilege). An invalid oral easement will often default to a License. Here…

Question 25

License Revocation

Answer 25

The licensor may revoke the privilege at any time UNLESS the licensee has invested substantial money or labor in reasonable reliance on the continuation of the license such that revocation is estoppel. Here…

Question 26

Profits

Answer 26

A profit entitles its holder to enter onto the servient land and take some resources from it. A profit IS a valid interest in the land so all of the rules governing creation, alienation, and termination of easements are applicable to profits. A profit may be terminated by misuse that over burdens the land. Here…