Easements, Profits and Licenses Flashcards
Does the grant of an affirmative easement include a right of possession?
No. It is merely a right of use. It does not convey any right to possess and enjoy the land; that is, ownership of the land itself does not pass.
By granting an affirmative easement across her land, a landowner grants:
A right to use that portion of her land.
What is an easement?
An easement is a nonpossessory interest in land.
The owner of the servient tenement has a:
right of full possession and enjoyment subject only to the limitation that he cannot unreasonably interfere with the right of special use created in the easement holder.
A landowner who grants a revocable privilege to use a portion of her land grants what type of interest?
A landowner who grants a revocable privilege to use a portion of her land grants what type of interest?
Does the holder of profits have a possessory interest in the land?
No. A profit is a nonpossessory interest.
What is a profit?
A profit is the right to take the substance of the soil (e.g. minerals, timber) from another’s land.
May an owner of land preclude a person granted a profit access onto the land to remove the resources?
No. Implied in every profit is an easement entitling the holder to ender the servient land to remove the resource.
May an easement arise by prescription?
Yes.
May a profit arise by prescription?
Yes.
What is the effect of a profit holder using the profit beyond its legal scope? Why?
The profit automatically terminates. The excess use results in a surcharge to the servient estate which extinguishes the profit.
What is the remedy for excessive use of an easement?
A landowner may seek an injunction against the excess use. Unlike a profit, the easement does not automatically terminate.
Excess use of a profit or easement results in what?
A surcharge to the servient estate.
What is the remedy for excessive use of a profit?
No specific remedy is needed. The profit is automatically terminated by the excess use, and the landowner therefore need not enjoin the use or otherwise seek to terminate the profit.
