Easements

Question 1

Affirmative Easement

Answer 1

is the right to do something on someone else’s land

Question 2

Negative easement

Answer 2

is the right to keep someone else from doing something on their own land

 Negative easements recognized in US: light, air, building support, flow of artificial stream, view, solar panels, conservation easements

Can be created by deed, implication, or estoppel, never prescription

Question 3

Easement appurtenant

Answer 3

is an easement that benefits a parcel of land

Attaches and runs with dominant tenement

Owners of dominant estate may not extend an easement appurtenant to other parcels owned by him.

Question 4

Easement In Gross

Answer 4

is an easement that benefits a person rather than a parcel

Attaches and runs with servient tenement

Can be acquired by prescription

Benefit and burden is inheritable and assignable, but under the 1 stock rule, not divisible

Question 5

Quasi Easement

Answer 5

is an easement created by a common owner of 2 parcels that burdens one and benefits the other. If the plots are sold separately, it may create an easement by implication

Question 6

Express Grant

Answer 6

focuses on intent of parties who created easement

Question 7

Implication

Answer 7

1) By prior existing use when easement started out as a quasi-easement. Multiple parcels were once one parcel and an easement benefited one parcel at the expense of the other
• Parcels were separated and easement is reasonably necessary to enjoyment of benefited parcel

2) By necessity when dominant and servient parcels were once owned by a single person and the easement is strictly necessary to enjoyment of benefited parcel

• Person seeking to establish easement has the burden of showing the need for the easement arose when the parcels were separated

*Reunification of parcels extinguishes an easement created by implication

Question 8

Prescription

Answer 8

Owner or possession of claimed dominant tenement has openly, peaceably, continuously, under a claim of right adverse to the owner of land, with the owner’s knowledge and acquiescence, used the way over the servient tenement for longer than the statutory period

Some courts require exclusivity and hostility; others require dominant tenement to use the servient tenement as if it has a legal right to do so.

Statutory period required. Actual knowledge and acquiescense required.

Question 9

Estoppel

Answer 9

 Owner of benefited parcel uses the easement in a way that shows he is relying on his detriment on its continuity

 Owner of burdened parcel stands by and says nothing and is aware of use of reliance

 Unjust under circumstances to deny existence of easement

 No statutory period of requirement

Question 10

Public Trust Doctrine

Answer 10

is based on the idea that some land can be used by all regardless of ownership.

*Fact determinative, tended to get decided on equities

• Factors
o Location of dry sand area in relation to foreshore
o Extent and availability of upland sand area
o Nature and extent of public demand
o Usage of upland sand area by owner

Question 11

Scope of Easements

Answer 11

easements cannot be expanded, even minimally without committing trespass

o Courts have power to adjust easement in face of changing times to serve its original purpose
o Court may find existence of trespass yet decline to grant injunctive relief and allow trespass to continue