Easements by Estoppel & Implication - April 11 Flashcards
What is an easement by estoppel? (Barros)
If I can revoke the license that I gave you, you will not have any way to access your property. Under these circumstances, however, you may have an easement by estoppel across my property. I may be prevented (or, in the lingo, estopped) from revoking the license. (564)
What are the two components of estoppel? (Barros)
(a) conduct by one party and (b) a detrimental change in position by a second party made in reasonable reliance on the first party’s conduct. Remember not to read “detrimental” as requiring some kind of truly negative harm. (564)
Ex: This requirement can be met, for example, by taking on a new legal obligation in reliance on the other party’s conduct.
What is the general pattern of easements by estoppel? (Barros)
(1) We start with conduct by the owner of the putative servient estate. This conduct typically includes the express or implied grant of a license to cross or otherwise access the servient estate. (2) We then have a detrimental change in position by another party. Although it is possible to imagine an easement by estoppel in gross, this other party is typically the owner of the putative dominant tenement. This detrimental change in position must be made in reasonable reliance on the conduct in (1). (565)
What is an easement applied by existing use? (Barros)
This type of easement is implied because of a use of the property that exists at the time of the division of the property. (571)
How many elements are there of an easement implied by existing use? (Barros)
Four. (570)
What is the first element of an easement implied by existing use? (Barros)
There must have been a unity of ownership of the two parcels. In other words, at one time the two parcels were owned by one person. (570)
What is the second element of an easement implied by existing use? (Barros)
When the parcels were separated, one of the parcels visibly or apparently made some use of the other parcel. This is the existing use or quasi-easement that we have been discussing. The requirement that the use be visible or apparent is important to the implication of the easement—if the use was visible or apparent, then both parties should have known about it. (570)
What is the third element of an easement implied by existing use? (Barros)
The use must have been continuous at the time the parcels were separated. The requirement of continuity again goes to the grounds for implying the easement. If the use was continuous, then the parties should have expected it to continue. (570)
What is the fourth element of an easement implied by existing use? (Barros)
Continued use of the quasi-easement must be reasonably necessary to the owner of the parcel claiming the benefit of the easement. Reasonable necessity is a relatively easy standard to meet. For example, in our driveway example, if it would be expensive for me (the owner of the parcel claiming the benefit) to reach a road a different way, the reasonable necessity standard would be met. But if there was another, low-cost, way for me to reach a road (e.g., if another road ran right by my house), then the reasonable necessity standard would not be met. (570)
What is strict necessity? (Barros)
Strict necessity is a much higher standard and is only met in cases of impossibility or near impossibility. If it was very expensive for me to reach the road another way, we would say that my use of the contested driveway was reasonably necessary but not strictly necessary. (570)
What is a useful mnemonic for remembering how you get an implied easement? (Piper)
You get an implied easement if you find a CRAB:
C – Both dominant & servient estates were formerly held by a COMMON owner
R – Use of an implied easement is REASONABLY necessary for reasonable use of the
dominant estate
A – Use of the easement was plainly & physically APPARENT from reasonable inspection of the
land (exception: implied easement for underground water pipes)
B – Former use of the land subordinated one part of the land for the BENEFIT of another part
