V. Easements

Question 1

Easement Defined

Answer 1

a non-possessory interest in land involving a RIGHT TO USE LAND

Use–not posession

Question 2

Classification of Easements

Answer 2

1. Easement Appurtenant
2. Easement in Gross

Question 3

Easement Appurtenant

Answer 3

• Any time the easement DIRECTLY BENEFITS the USE and enjoyment of a SPECIFIC PARCEL of land, it is classified as an easement appurtenant.

Question 4

Easement in Gross

Answer 4

• An easement in gross occurs where there is NO DOMINANT estate because there is only ONE PARCEL of land involved, which is the property BURDENED by the easement—or the SERVIENT estate.
  
  • e.g. utility easement–gass company runs pipe through your land

Question 5

Survient Estate

Answer 5

the burdened property

Question 6

The dominant estate

Answer 6

the benefitted property

Question 7

Creating an Easement

Answer 7

1. Express Easement
   
   1. Grant
   2. Reservation
2. Implied Easement
   
   1. Previous Use
   2. Absolute Right of Access
3. Easement by Prescription

Question 8

Express Easement

Answer 8

• Arises from
  
  • grant to someone else
  • reservation when land is sold to another person
• Generally Express Easements must be in:
  
  • writing
  • signed by the holder of the servient estate
  • satisfy all deed formalities
• Easements of a year or less do not have to be in writing

Question 9

Implied Easement: Previous Use by a Common Grantor

Answer 9

• To obtain, there must be a previous use by a common owner and this previous use must satisfy three requeirements:
  
  1. CONTINUOUS
  2. APPARRENT (OPEN & OBVIOUS) AND
  3. REASONABLY NECESSARY
• E.g. A sells portion of land to B. Portion had road leading to highway. Nothing in K about it. B tries not to let A have it. A has an easement

Question 10

Implied Easement: Absolute Right of ACcess

Answer 10

• where property owner is left totally landlocked after effectuating conveyance.
• Owner of servient state can choose the location of the reasements as long as the choice is reasoanble

Question 11

Easement by Prescription

Answer 11

• Arise very much like adverse possession
• Requirements:
  
  1. Use must be ADVERSE to the true owner (trespass on title)
  2. Use must be CONTINUOUS AND UNINTERUPTED and must last for the specified statutory period (20 years at CL) (GA 20 years for wild land–7 years for improved land)
     
     • Seasonal use may satisfy requirement if appropriate
  3. Use is VISIBLE & NOTORIOUS or made with OWNER’S KNOWLEDGE
  4. Use is without the owenr’s poermission–oral persmission is enough to destory hostility

Question 12

Trasnfer of the Benefit of an Easement Appurtenant

Answer 12

• Benefit transferred automatically along with the dominant estate
• all who succeed to title to the dominant estate are entitled to the benefit of the easement appurtenant

Question 13

Trasnfer of the Benefit of an Easemen in Gross

Answer 13

Depends on whether its personal or commercial

• COMMERCIAL: always trasnferred (train tracks through property)
• PERSONAL: no (use of pond)

Question 14

Transfer of the SErvient Estate/Burdne of Easment

Answer 14

• Easements are always binding on subsequent holders of servient estates—even if the easement is not specifically mentioned in the deed of conveyance— provided the subsequent holder had notice of the easement
• Three ways to put on notice:
  
  1. ACTUAL knowledge or notice
  2. CONSTRUCTIVE NOTICE, which arises from the fact that the document creating the easement is duly recorded in the buyer’s direct chain of title
  3. INQUIRY NOTICE: which is notice arising from the buyer’s physical inspection of the land and the visible appearance of the easement on the land—OR—the notice that arises from the buyer’s inspection of the public records contained in the buyer’s direct chain of title.

Question 15

Scope of the Use of an Easement: where terms exist

Answer 15

• The specific terms of the Easement control on questions of use.

Question 16

Scope of the Use of an Easement: when silent

Answer 16

1. Unless otherwise specified, an easement is presumed to be perpetual – which means it lasts forever
2. The use presumed is that of reasonable development of dominant estate.
   
   • Reasonable development is that development which would likely have been contemplated by the parties at the time the easement was granted.
   • An easement can be used ONLY to
     benefit the dominant estate

Question 17

Remedy for Excessive Use

Answer 17

• Enjoin excessive use but do not terminate

Question 18

Repair of an easement

Answer 18

• The holder of the benefit of the easement (the dominant estate) is responsible for making any necessary repairs to the easement
• The holder of the easement (the dominant estate) can always go on the servient estate to repair the easement, even if the terms of the easement do not specifically provide for that right.
• The holder of the easement must make a reasonable restoration of the servient estate after making repairs to the easement.
• Unless the easement says otherwise, the holder of the servient estate has no repair obligation.

Question 19

Termination of an Easement

Answer 19

1. Unity of Ownership/Merger
2. Deed of Release
3. Abandonment
4. Termination by Estoppel
5. Termination by Prescritpion
6. Termination Created by Necessity

Question 20

Unity of Ownership/Doctrine of Merger

Answer 20

• Whenever title to the DOMINANT and the SERVIENT estates come together in the same owner, easement is terminated.
  
  • if property is sold, does not automatically recreate the easement

Question 21

Deed of Release

Answer 21

• To be a valid release, the release must be in writing (i.e., satisfy the Statute of Frauds) and must comply with all of the deed formalities (E.g. in writing)

Question 22

Abandonment

Answer 22

• Mere non-use by itself does not constitute abandonment.
• Tintent to abandon must be manifested by the holder of the dominant estate taking some physical action that would show his intent to abandon, in which case no writing (i.e., no deed of release) is required.

Question 23

Termination by Estoppel

Answer 23

Two Requirements:

1. A representation of relinquishment of the easement by the holder of the dominant estate; AND
2. The holder of the servient estate must make a change in his or her position in reliance on that representation.

Question 24

Termination by Prescriptoin

Answer 24

• The owner of the servient estate must stop the use of the easement—AND—must keep it stopped for the period of time required by the applicable statute of limitations.

Question 25

Termination of Easements Created by Necessity

Answer 25

• Once the necessity that gave rise to an implied easement ceases to exist, then the implied easement will automatically terminate

Question 26

Easements for View and Sunlight

Answer 26

no implied easements for this on the bar

Question 27

What is a license?

Answer 27

• A license is a limited privilege to USE land in the possession of the licensor
• Not a property interest
• contract right
• can always be revoked at the will of hte licensor
  
  • wrongful revocation may result in contract damages

Question 28

Tickets

Answer 28

• All tickets are licenses
• Ticket holders do not acquire any property rights in the ticket,
  although they may sue for damages for breach of contract.

Question 29

Irrevocable Licenses

Answer 29

RULES:

1. If an easement is attempted but FAILS DUE TO SOF, a license is created
2. If money is spent on the property in furtherance of an oral license, then that license become irrevocalbe and enforeable under principels of estoppel (e.g. said you could use land for wedding, planted flower beds, added benches, etc. irrevocable)

Question 30

Profits

Answer 30

• Right to go onto the land of another to take away a natural resource
• Along with profit, goes the implied easement to go on the land to remove the natural resource
• USE EASEMENT RULES