Law of Servitudes

Question 1

Affirmative Easement: Creation

PING

Answer 1

P: Prescription: Adverse. COAH. Permission defeats. Can only be interrupted by physically barring or filing law suit.
I: Implication. Implied from existing use.
N: Necessity. Landlocked and land was held in one grantor.
G: Grant. If > 1yr. must write SOF.

Question 2

Negative Easement:
Must be in writing
Only allowed: LASS

Answer 2

L: Light
A: Air
S: Stream
S: Support

Question 3

Easement Appurtenant

Answer 3

Passes automatically to dominant regardless of mentioned in conveyance.
UNLESS
BFP w/out notice

Question 4

Easement in Gross

Answer 4

Not transferable.
UNLESS
For commercial purposes

Question 5

Termination of Easement (END CRAMP)

Answer 5

E: Estoppel: servient owner materially changes position in reliance on easement holder’s assurances that easement will not be enforced
N: Necessity: Easement created by necessity expires when need ends. HOWEVER if created by grant, won’t end automatically.
D: Destruction: Destruction of servient land other than willful conduct of servient owner.
C: Condemnation: Condemnation of servient estate by eminent domain.
R: Release: Written release by easement holder to servient owner.
A: Abandonment: Easement holder demonstrates by physical action intent never use the easement again.
M: Merger Doctrine: Easement extinguished when title to the easement and title to servient land become vested in same person.
P: Prescription: Servient owner may extinguish the easement by interfering w/ it in accordance w/ the elements of Adverse Possession.

Question 6

License

Answer 6

No need for writing. Oral ok. Freely revocable at will of licensor, UNLESS estoppel. Estoppel applies if licensee spends substantial $$ in reliance of license. Oral easements create a freely revocable license.