Real Rights are Common unless an Easement Expressly Prescribes an Implied Termination to Profit

Question 1

Real

Answer 1

Real

(1) Real + Personal
(2) RLTA = non-farm + residential

Question 2

Rights

Answer 2

Rights Joint Survivor

(1) Right= exclude = reasonable air hight + support + severable minerals.
(2) Joint w/ right = estate = identical + occupy and use + same time + same source, else severed
(3) Survivorship != decedent’s heirs

Question 3

Common

Answer 3

Common Rights

(1) Common = equal + occupy and use - survivorship
(2) Rights/Liabilities = fair dealing + accountable (rent) + possession + share contribution, else ouster

Question 4

Easement

Answer 4

Easement Gross Formation

(1) Easement = nonpossessory + cross over or use + another (servient)
(2) Gross = non-adjacent + not run for personal; Appurtenant = adjacent +dominant + run’s with the dominant tenant’s right
(3) Formation = prescription + implication + necessity + express grant or reservation.

Question 5

Expressly

Answer 5

Express Way

(1) Express = in writing + recorded like a deed
(2) Public right of way = no need for easement = variance control

Question 6

Prescribes

Answer 6

Prescriptive License

(1) Prescriptive = like adverse = continual statutory (7/10) + hostile (i.e., against owner’s intent) * open and notorious (i.e., not secret). != self help = quit title + record
(2) License = non-exclusive + revocable at will + personal + non-assignable = K remedy = detrimental reliance

Question 7

Implied

Answer 7

Implied Reservation Necessity

(1) Implied grant = current owner divides + gives dominant = reasonable necessity to cross over.
(2) Implied reservation = current owner divides + gives servient = strict necessity to cross-over.
(3) Necessity = once common ownership + no reasonable access

Question 8

Termination

Answer 8

Terminate Overuse

(1) Termination = no necessity or release + SOF or abandon + intent or merger or physical blockage or bfp w/o inquiry notice
(2) Overuse = injunction != termination

Question 9

Profit

Answer 9

Profit Termination

(1) Profit = harvest resources = SOF = not run with land + transferrable
(2) Termination = injunction for waste/overuse != revocable