Irrevocable License/Easement by Estoppel Flashcards
if an owner misleads or causes another in any way to change his or her position to that party’s prejudice, the owner is estopped from denying the existence of an easement.
Irrevocable License/Easement by Estoppel
A license, typically for access purposes,
The licensee’s expenditure of substantial money or labor in good faith reliance, and
The licensor’s knowledge or reasonable expectation that reliance will occur.
Elements
Irrevocable License/Easement by Estoppel
The _________ ________ is the functional equivalent of an easement for most purposes
irrevocable license
However, an _________ _______ endures only so long as necessary to allow the licensee to recover the value of her investment
irrevocable license
the intention of the parties as expressed in the grant determines the scope of the easement holder’s rights
General rule Minority
Scope and Interpretation of Easement
Most courts now interpret an ________ _______ that is granted for “telephone and electric light purposes” to be an easement for the transmission of communication signals – a broad enough category to allow the divisibility of the easement to include cable tv facilities
original easement
The ________ owner has the right and the obligation to maintain the easement in a suitable condition
dominant
The _______ owner has no obligation to maintain or repair the easement area
servient
Owner of the servient estate may make any use of the servient property that does not __________ interfere with the rights of the easement holder
unreasonably
Owner of the _________ estate may make any use of the easement, including maintenance and improvement, that is reasonably necessary to enjoy the easement for its stated purpose and which does not cause unreasonable damage to or interference with the servient owner’s use of his land
dominant
Where an intensified use of an easement area unreasonably interferes with the ________ owner’s use and enjoyment of his land, the intensified use will not be permitted
servient
__________ owner cannot unreasonably interfere with the servient owner’s use and enjoyment of his land and cannot overburden the servient estate
Dominant
Whether the nature of the use of the easement would change
Whether the intensity of the proposed use would interfere with the enjoyment of the servient estate
Whether the subdivision would require the physical enlargement of the easement area
Whether the possibility of subdivision was foreseeable
Factors a court considers in determining whether the dominant owner may apportion the easement
The location of an easement can be changed only if both the servient owner and the dominant owner agree
Relocation of Easement Area
Traditional rule
The servient owner may relocate the easement so long as the relocation does not:
Significantly lessen the utility of the easement, or
Increase the burden on the dominant owner, or
Frustrate the purpose of the easement
Relocation of Easement Area
Restatement approach:
Abandonment Release / Termination Misuse Merger Adverse possession / prescription Estoppel Condemnation By operation of law
8 ways to Terminate
Termination of Easements
The owner of the dominant parcel (the easement holder) intends to abandons her rights in the easement; mere nonuse is not enough
Abandonment
The owner of the dominant parcel releases or terminates the easement by executing a written document that satisfies the statute of frauds
The owner of the servient parcel regains the unencumbered FSA in the land formerly burdened by the easement
Release / termination
The owner of the dominant parcel misuses the easement to such an extent that the easement is deemed to be forfeited
Not applicable in all jurisdictions
Misuse
One party obtains title to both the dominant parcel and the servient parcel
Under the doctrine of merger, when the party acquires both the easement and the land burdened by the easement, the easement “merges” into the FSA
Merger
The owner of the servient parcel prevents the use of the easement in a manner that meets the elements of adverse possession or prescription in the applicable state
Adverse possession / prescription
The dominant owner states that the easement will no longer be used, and the servient owner substantially changes his position in reasonable reliance on that statement
Estoppel
If the municipality condemns the servient parcel, the condemnation action terminates the easement
The easement holder is entitled to compensation
Condemnation
For an implied easement by necessity, the easement terminates when the necessity is no longer present
By operation of law
The easement holder ceases using the easement, and
The easement holder shows either:
The intent to relinquish the easement, or
A purpose that is inconsistent with the future existence of the easement
an easement is abandoned when
