Easements and Covenants

Question 1

Easement implied by prior use

Answer 1

Elements:
1 - common ownership of both servient land and alleged dominant land
2 - severance of common ownership resulting in a person or set of persons owning the alleged servient land and another owning the dominant land
3 - required scope of use of the servient land for the benefit of the dominant land by the common owner during the period of common ownership
An implied easement by prior use is an appurtenant easement