Rights in Another's Land

Question 1

What are the type of easements?

Answer 1

Affirmative and Negative

Question 2

What is an affirmative easement?

Answer 2

owner of AE has a right to go on land of another (servient land) and do act on land

Question 3

How do you create an affirmative easement?

Answer 3

Express grant, implied, necessity, prescription

Question 4

what is an express grant?

Answer 4

a deed allowing the grantee use of prop.

Question 5

what are the elements of an express grant?

Answer 5

must be in writing (unless under a year), signed by grantor, intent to create easement, describe the land, and identify the parties

Question 6

what is an implication of an easement?

Answer 6

not granted (or agreed upon expressly) but inferred to by courts from existing use

Question 7

what are the elements of implication to an easement?

Answer 7

existing use, 2 props once used as single tract but later divided, apparent & continuous, parties intend use to continue, and reasonably necessary for ongoing enjoyment of land

Question 8

what is an easement of necessity?

Answer 8

implied when owner sells portion of estate and result is a landlocked parcel of land (only over portion blocking access )

Question 9

what are the elements to an easement of necessity?

Answer 9

previous united ownership, absolute necessity (preexisting use not req) and necessity existed at time of prop severance

Question 10

what is an easement by prescription?

Answer 10

acquired by an adverse use for the