Easements: Scope and Meaning of Easement Rights

Question 1

Steps in locating an easement

Answer 1

1. Where on the servient estate the use will take place?
2. What are ways to place or locate an easement?
3. Can an easement’s location be changed?

Question 2

Where on the servient estate the use will take place? (example)

Answer 2

Easement to drive across your lot to reach mine. Can I drive my car anywhere I want on your property?

Question 3

What are ways to place or locate an easement?

Answer 3

1. Agreement
2. Implication from Prior Use
3. Action or Conduct of the Parties

Question 4

What are ways to place or locate an easement: Agreement

Answer 4

Specify the location by defining the location in the agreement.

Question 5

What are ways to place or locate an easement: Implication from Prior Use

Answer 5

The location is already established, through prior use, and so the easement would be located in that same place that was used prior to severance into the separate parcel.

Question 6

What are ways to place or locate an easement: Action or Conduct of the Parties

Answer 6

The dominant tenant uses a particular location or part of the servient estate, and so the easement eventually “locates” in that spot.

Question 7

Ways an Easement’s location can be changed: Majority Rule

Answer 7

1. Once an easement is fixed, neither the dominant estate nor the servient estate may unilaterally relocate the easement.
2. There must be mutual assent to a new agreement.

Question 8

Ways an Easement’s location can be changed: Minority Rule

Answer 8

A party may relocate an easement unilaterally if:

1. Party that is moving it pays for the expenses
2. Moving does not frustrate the parties intent in creating the easement.
3. Move does not increase the burden on the easement holder.
4. Moving does not significantly lessen the utility of the easement.

Question 9

Scope: Black letter rule

Answer 9

1. Dominant tenant can only use easement for the contemplated purpose.
2. Cannot impose additional/new burdens on the easement.

Question 10

Scope: Swaim (1)

Answer 10

When the language of an express agreement is clear and unambiguous, effect must be given to its terms and the court cannot reject what the parties inserted or insert what the parties elected to omit.

Question 11

Scope: Swaim (2)

Answer 11

If the terms are less than precise, the scope may be determined by

1. reference to the attendant circumstance (facts surrounding event);
2. the situation of the parties; AND
3. by the acts of the parties in the use of the easement immediately following the grant.

Question 12

Scope: Swaim (3)

Answer 12

IF silent as to the scope of the easement, extrinsic evidence is inadmissible as to the scope or extent of the easement, a reasonable use is implied.

Question 13

Scope: Patel

Answer 13

If the use of the easement exceeds the scope of the easement exceeds the scope of what the easement was originally intended for, than it will not be allowed.

Question 14

Scope: Hayes (1)

Answer 14

An easement created by grant or reservation, w/o words limiting it to any particular use of the dominant estate, is not affected by any reasonable change in the use of the dominant estate.

Question 15

Scope: Hayes (2)

Answer 15

However, no use may be made of the easement which is different from that established at the time of its creation and which imposes an additional burden upon the servient estate.