Easements & Licenses Flashcards
Easement
Nonpossessory interest in the use of someone else’s land. Either in gross or appurtenant.
Easement in Gross
Benefits a specific owner’s use & enjoyment of the land.
DOESNT attach to the land & DOESNT pass to subsequent owners
Easement Appurtenant
Benefits any owner’s use & enjoyment of the land.
Passes to subsequent owners w/notice.
Creation of Easement
Easements may be created 1) by express grant, 2) prescription, 3) implication, or 4) necessity.
Easement by Grant
Express agreement by grantor allowing the easement and must:
1) writing signed by grantor
2) identifies land & parties involved
3) indicates grantor’s intent
Easement by Prescription
Analogous to adverse possession & is created when possessor’s use of the land is
1) open & notorious
2) continuous
3) actual
4) exclusive
5) for the statutory period
Easement by Implication
Established when
1) single tract of land is divided by common owner,
2) grantor’s preexisting use is estaboished prior to land division
3) continuous and apparent use
4) reasonably necessary (owner of dominant estate would be forced to spend substantial money to provide substitute)
Easement by Necessity
Created if
1) original land is subdivided and
2) access is essential to property use because it’s landlocked (no ingress or egress available)
Termination of an Easement
May be terminated by
1) estoppel
2) termination of the necessity
3) involuntary destruction
4) condemnation
5) written release
6) abandonment
7) merger
8) prescription
CAMP WITE! (Condemnation, abandonment, merger, prescription, written release, involuntary destruction, express agreement)
Scope of Easement
No absolute or exclusive right for any use, use is limited to agreement
Holder of an easement has right to make reasonable repairs and maintenance to the easement.
