Irrevocable License/Easement by Estoppel

Question 1

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.

Answer 1

Irrevocable License/Easement by Estoppel

Question 2

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.

Answer 2

Elements

Irrevocable License/Easement by Estoppel

Question 3

The _________ ________ is the functional equivalent of an easement for most purposes

Answer 3

irrevocable license

Question 4

However, an _________ _______ endures only so long as necessary to allow the licensee to recover the value of her investment

Answer 4

irrevocable license

Question 5

the intention of the parties as expressed in the grant determines the scope of the easement holder’s rights

Answer 5

General rule Minority

Scope and Interpretation of Easement

Question 6

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

Answer 6

original easement

Question 7

The ________ owner has the right and the obligation to maintain the easement in a suitable condition

Answer 7

dominant

Question 8

The _______ owner has no obligation to maintain or repair the easement area

Answer 8

servient

Question 9

Owner of the servient estate may make any use of the servient property that does not __________ interfere with the rights of the easement holder

Answer 9

unreasonably

Question 10

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

Answer 10

dominant

Question 11

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

Answer 11

servient

Question 12

__________ owner cannot unreasonably interfere with the servient owner’s use and enjoyment of his land and cannot overburden the servient estate

Answer 12

Dominant

Question 13

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

Answer 13

Factors a court considers in determining whether the dominant owner may apportion the easement

Question 14

The location of an easement can be changed only if both the servient owner and the dominant owner agree

Answer 14

Relocation of Easement Area

Traditional rule

Question 15

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

Answer 15

Relocation of Easement Area

Restatement approach:

Question 16

Abandonment
Release / Termination
Misuse
Merger
Adverse possession / prescription
Estoppel
Condemnation
By operation of law

Answer 16

8 ways to Terminate

Termination of Easements

Question 17

The owner of the dominant parcel (the easement holder) intends to abandons her rights in the easement; mere nonuse is not enough

Answer 17

Abandonment

Question 18

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

Answer 18

Release / termination

Question 19

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

Answer 19

Misuse

Question 20

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

Answer 20

Merger

Question 21

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

Answer 21

Adverse possession / prescription

Question 22

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

Answer 22

Estoppel

Question 23

If the municipality condemns the servient parcel, the condemnation action terminates the easement
The easement holder is entitled to compensation

Answer 23

Condemnation

Question 24

For an implied easement by necessity, the easement terminates when the necessity is no longer present

Answer 24

By operation of law

Question 25

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

Answer 25

an easement is abandoned when