Scope & transferability of Easements (non-loss/ easements)

Question 1

“Tisch was granted an easement” What’s wrong w/ this?

Answer 1

NOT “granted”. Was “pre scripted” an easement. Careful w/language

Question 2

Kresge v. Winkelmen

Answer 2

r: easements can only be used by estate that is appurtenant & dominant. a prescriptive easement cannot be used to access property other than the property to which the easement is appurtenant.(owned by appurtenant lot then can only be sued by appurtenant lot)
Barbershop/retail store both used alley.

Question 3

Why can’t the character of the use be changed form that which was orig. granted?

Answer 3

If allowed ALL uses then it would be an estate and not an easement.

Question 4

what must you look for if trying to get a prescriptive easement?

Answer 4

enough passage of time (20 years)

Question 5

3rd limit of USE of an easement

Answer 5

if the character of the use changes in a way that imposes an unreasonable burden on the servient estate, the changes will be enjoined

Question 6

How do many jurisdictions limit easements in GROSS?

Answer 6

(utility co)
by making them personal, non-transferrable interests.
There trend is away from this position

Question 7

The TRANSFER of an easement form the current dominant owner to a GREATER # of owners is………?

Answer 7

Divisibility of an Easement

Question 8

why is divisibility a problem?

Answer 8

it can increase the use of the easement

Question 9

An unreasonable increase of the use is know as ________?

Answer 9

Surcharging it

Question 10

Sakansky v. Wein

Answer 10

Rule: an easement holder has absolute rights to use the easement in the location specified irrespective of the reasonableness of demanding to use the easement in its specified location.

Question 11

First rule of Interpreting an easement

Answer 11

1) READ it, implement wording that created it

Question 12

Second rule of Interpreting an easement

Answer 12

2) Any gaps? the court will fill them using the “rule of reasonableness” to determine appropriate balance between the dominant & servient estates (can help keep you outta court)

Question 13

Traditionally, could an easement be moved?

Answer 13

no. It is a property right and couldn’t be moved w.out consent of dominant estate holder.

Question 14

Restatement 3rd of Property 4.8(3)

Answer 14

Trend today:

allows the servient estate holder to move the easement if it won’t harm the dominant estate holder. (MASS rule too.)

Question 15

What is the time standard for interpreting an easement

Answer 15

Contemporary Standard. invokes the rule of reasonableness!
ex) horse& buggy–car
bike-bike
telephone line-cable lines

Question 16

Does the rule of reasonableness go one way?

Answer 16

No. a two-way street. both the dominant & servient estate holders rights will be construed reasonably.

Question 17

If dominant estate holder wishes to open the pipeline…..

Answer 17

it must be done to minimize harm to the servient estate holder

Question 18

“can’t render the servient estate significantly less _____?

Answer 18

valuable

rules of reasonableness

Question 19

A change of a use will be enjoined if it….?

Answer 19

1) imposes an unreas. burden on servient estate

2) unreas. interferes w/the dominant use of the easement

Question 20

if the use is a surcharge it will be _____?

Answer 20

enjoined