Easements (Cheat Sheets)

Question 1

Easement

Answer 1

An easement is a non-possessory interest in land that permits the holder to make limited use of another’s land for a specified purpose.

Question 2

Type of Easement

Answer 2

Appurtenant Easement

Easement in Gross

Question 3

Appurtenant Easement

Answer 3

An appurtenant easement is one that is created to benefit and does benefit the holder in his use of another tract of land and burdens the owner of the land. Appurtenant easements have both a dominant estate (the property benefiting from the easement) and servient estate (the property burdened by the easement).

(facts analysis follows)

Question 4

Easement in Gross

Answer 4

An easement in gross is a mere personal interest in the real estate of another. It exists when the holder of the easement has the benefit of the servient estate regardless of whether a dominant estate exists. It is not personal property.

(facts analysis follows)

Question 5

Transitionary phrase into next subheading, creation of easements.

Answer 5

In order to determine whether the easement of [landowner name] has been terminated or whether it passes on to [new landowner name], it is essential to analyze how it was created.

Question 6

Creation of Easements

Answer 6

E I N P E

Easements can be created through express grant, implication, necessity, prescription, and estoppel.

Question 7

Express Easments

Answer 7

Express easements occur either through grant or reservation.

Question 8

Express grant of an easement

Answer 8

An express grant of an easement must: (1) be in writing; (2) identify the parties and affected land; (3) be signed by the grantor; (4) indicate intent on the part of the grantor.

Question 9

Express reservation of an easement

Answer 9

An express reservation occurs when the holder of the servient estate grants the easement holder TITLE to the land but reserves the right to continue to use the land for a specific purpose.

Question 10

Easements by Implication

Answer 10

An easement by implication arises out of operation of law and need not be in writing. Most easements by implication arise out of a prior-existing use.

Question 11

Prior-existing Use

Answer 11

An implied easement can arise out of pre-existing use if:

(1) prior to the division of a single tract;
(2) an apparent and continuous use of the easement existed when severance occurred;
(3) that was reasonably necessary for use at the time of the severance.

Question 12

Easement by Necessity

Answer 12

An easement by necessity exists when a landowner severs title to his land by selling only a portion, which results in the severed parcel having no legal right of access to a public road.

Question 13

Easement by Prescription

Answer 13

C A O S

A prescriptive easement arises when someone uses another’s land without permission. To acquire a prescriptive easement, one must demonstrate that the use was

open and notorious (i.e. discoverable upon inspection);

adverse (i.e. without the owner’s permission);

continuous and uninterrupted; and

for the statutory period.

Question 14

Easement by Estoppel (License)

Answer 14

Easements by estoppel are irrevocable easements that require:

(1) a license;
(2) the licensee’s expenditure of substantial money or labor in good faith realiance on the continued use of the easement; and
(3) knowledge by the licensor or reasonable expectation that reliance will occur.

Without 2 or 3, the license is revocable at will by the licensor.

Question 15

Termination of Easements

Answer 15

Whether this particular easement has been terminated or passes on to [new owner] depends on its type and means of creation. Since this easement is a [type: gross, appurtnenat] and was created by [method of creation: express, implied, necessity, prescription, estoppel], it does/does not pass on to [new owner].