Rights in Another's Land - Easements

Question 1

Easements - Easement by Necessity - Mineral Rights

Answer 1

POL - An easement in mineral rights is implied only if doing so is reas. and nec.

Question 2

Easements - Easement by Implication - Implied Reservation

Answer 2

MD - MD requires a greater burden of proof to prove an easement by implied reservation b/c the grantor is presumed to have greater knowledge than the grantee

Question 3

Easements - Easement by Implication - Plat Reference Theory

Answer 3

MD - Plat reference Theory - With Implied Easements, MD has adopted the plat reference theory - When a deed references a plat that shows a road or other easement, there is rebuttable presumption that the parties intended to create an easement, even though there was no prior use of the servient estate in the manner

Question 4

Easements - Easement by Prescription - Statutory Period

Answer 4

POL - Statutory Period - To est. PE in MD, the use must be exclusive, adverse, and uninterrupted for a pd. of 20 years

Question 5

Easements - Easement by Prescription - Statutory Period - Exclusive

Answer 5

POL - Exclusive - Right should not depend for its enjoyment upon a sim. right in others, and that party claiming it exercises it under some claim existing in his favor, independent of others - Exclusive as against the right of the community at large

Question 6

Easements - Easement by Prescription - Public Easements

Answer 6

MD - Public Easements - MD recog. a prescriptive easement theory for creating public easements (e.g. pub. roads) - Created if landowner doesn’t intend to offer her prop. for dedication to pub. use, but allows pub. to use the land, which pub. does interrupted for 20 years - Use of land does not need to be heavy - Use must occur freely w/out the perm. of the owner

Question 7

Easements - Easement by Prescription - Public Easements - Woodland Exception

Answer 7

MD - Woodland Exception - When land is undeveloped & in its nat’l state the presumption is that the landowner permits the pub. to use. the undeveloped land (and thus no easement) - Burden is on pub. to prove that the landowner didn’t give perm. - If. pub. can’t meet burden, the use is considered a permissive license & revocable at any time

Question 8

Disputes About the Use of Land - Easements - Negative Easements by Implication

Answer 8

MD - Maryland allows Negative Easements by Implication - Negative Easement - Prevents owner from using land in particular ways in order to benefit the land of the holder of the easement - Typ. only recog. in relation to restricting use of light, air, support, or stream water from an artificial flow -Common Law - To be valid it must be exp. created by writing signed by grantor