Property servitudes

Question 1

affirmative easements

Answer 1

An easement allowing you to do something on the property

Question 2

negative easements

Answer 2

an easement prohibiting you from doing something

LASS
Light 
Airflow
Subjacent and lateral support (under and side)
Stream from water (artificial)

Today we just use restrictive covenants instead

Remedies are injunction or damages

Question 3

How do you create an affirmative easement?

Answer 3

PING

Prescription (adverse possession COACH [without being exclusive]- open and notorious, hostile, and continuous for the statutory period) can’t be granted on public land.

Implication easements: easement implied:

1. before division of the single tract of land
2. there was apparent and continuous use of the servient parcel.
3. That is reasonably necessary for the enjoyment of the dominant part
4. and the parties intended use to continue after dividing the land.

Necessity
division of the land deprives one lot of access out (or utility access). Landlock

Grant- writing signed by grantor. - if it will last more than one year you need to put it in writing this is called the DEED OF EASEMENT

Remedies Injunction or Damages

Question 4

How to create a negative easement

Answer 4

Only created expressly and signed by grantor.

Question 5

Easement appurtenant

Answer 5

Benefit transfers with the dominant tenement automatically. Doesn’t need to be mentioned in the conveyance
Burden transfers with the servient estate, unless the new owner is a bonafide purchaser without notice.

Benefits its holder in his physical use or enjoyment of his property.
Two parcels of land will be involved.
- dominant tenement, derives the benefit,
2. Servient tenement which is burdened.

Question 6

Easement in Gross

Answer 6

confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land. Servient land is burdened. BUT there is benefited or dominant tenement. BILLBORDS

Can’t transfer unless for commercial purposes.

Question 7

How to terminate an easement

Answer 7

END CRAMP

Estoppel- servant owner materially changed her position in reliance on the assurance of the dominant holder would no longer enforce the easement.

Necessity- ONLY for easement by necessity expire as soon as the necessity ends, unless the easement became an express grant.

Destruction- of the servient land, other than through the willful conduct of the servient owner.

Condemnation: government condems the servient land. eminent domain terminates the easement.

Release- given by the easement holder the the servient owner terminating the easement MUST BE IN WRITING

Abandonment-the servient owner must show an intent to never use the easement again. requires a PHYSICAL ACTION like closing up the gate letting them out onto the easement.

Merger- easement is extinguished when title to the dominant and servient land are vested in the same person. If divided again the easement remains dead.