Scope

Question 1

Area- Intent of original parties

Answer 1

Includes the facts which gave rise to the original creation of the easement, and the purpose of the easement.

Question 2

Use- intent of original parties

Answer 2

Presumption of reasonably necessary for the enjoyment of the easement
a. Permitted changes in manner, frequency, or intensity to accommodate reasonable changes.
-Changes cannot impose unreasonable burden on servient land.

Question 3

Scope relative to: prescriptive easements

Answer 3

Courts are less willing to expand scope.
-Presumption is whatever is taken adversely will be narrowly construed.

Question 4

Scope relative to: easement by necessity

Answer 4

If necessity requires some expansion of scope, that will be permitted only when necessary.

Question 5

Scope relative to: Prior use easement

Answer 5

Courts will generally limit the scope to what the prior use was.

Question 6

Servient right to move an Easement

Answer 6

Servient landowner may move the easement so long as…
a. the servient landowner pays for it
b. the change does not significantly lessen the utility
c. the change does not increase the burdens on the owner of the easement in its use and enjoyment
d. the change does not frustrate the purpose for which the easement was created