Express Easements and Easements by Estoppel

Question 1

A is given right to enter

Answer 1

easement

Question 2

A is given right to enter and remove something attached to land

Answer 2

profit

Question 3

A right to enforce restriction on use of B’s land

Answer 3

negative easement, real covenant, or equitable servitude

Question 4

A is given right to require B to perform some act on B land

Answer 4

real covenant or equitable servitude

Question 5

A is given right to require B to pay money for upkeep of specified facilities

Answer 5

real covenant or equitable servitude

Question 6

What is an easement

Answer 6

right held by one person to make specific, limited use of land owned by another.

Question 7

Appurtenant (law construes in favor of these if unsure)

Answer 7

benefits the easement owner in the use of land belonging to that owner

Question 8

In Gross

Answer 8

benefits the easement owner personally rather than in connection w use of land which person owns.

Question 9

Creation of Easements

Answer 9

i. Within SOF
ii. Generally requires written instrument signed by party
iii. May be created by implication or prescription
iv. Can be reserved in favor of a third party
v. Reservation: creates a new servitude that did not exist before as an independent interest

Question 10

Reservation Rules

Answer 10

CL: cannot reserve for third party
ML: look to intent for party
Exception: excludes from the grant some preexisting servitude on the land

Question 11

Express Easements

Answer 11

when it is created by the parties in a writing that is in compliance with SOF

Question 12

Easements by Implication: Prior Use Elements

Answer 12

1. Prior unity of dominant and servient estates
2. Prior use was apparent, obvious, continuous, and permanent
3. Severance of formerly unified tract
4. Necessity at the point of severance for the continuous of the preexisting use

Question 13

Easements by Implication

Answer 13

implied to protect the probably expectations of the grantor and grantee that the existing use will continue after the transfer

Question 14

Easements by Implication Majority and Minority Rules

Answer 14

MA: reasonable necessity
Minority: strict necessity

Question 15

Times of implication easements

Answer 15

based on intent not public policy

Question 16

Necessity Elements

Answer 16

1. Prior unity or common ownership of tracts of land
2. Severance
3. Necessity
   a. Majority – strict
   b. Minority – reasonable
4. Continuing necessity

Question 17

Easement by Necessity

Answer 17

1. Intent jurisdiction
2. Policy jurisdiction
3. Intent and policy

Question 18

Estoppel

Answer 18

applies when a person reasonably and detrimentally relies on representation that an easement exists.

• Creates irrevocable licenses

Question 19

Easements by Prescription

Answer 19

i. Prescription v adverse. Prescription gives rights to use but title remains with owner.
ii. Modern Approach – OCEAN elements again
iii. To prevent a prescriptive easement, owner must interrupt or stop adverse use

Question 20

When can you obtain an injunction for express/implicated easements

Answer 20

You can only obtain an injunction where irreparable harm if none, then damages rather than injunction. Brown Rule

Question 21

Termination of Easements

Answer 21

i. Expiration
ii. Release
iii. Merger
iv. Recording act
v. Destruction of servient estate
vi. Estoppel
vii. Prescription
viii. Abandonment