Easements

Question 1

Why are non possessory rights less unified?q

Answer 1

Developed after US became individual. Laws that regulate conflict tend to be more complex.
In contrast, Estates developed b4 Rev. War in England, already formed & were universal except LA.

Question 2

Touch & concern

Answer 2

Apply both restatement & also Powell & big elbow analysis
1)
2)

Question 3

Easement by necessity

Answer 3

Original unity of ownership

No way to reach public rd except over se isn’t estate.

Question 4

Prescriptive easement

Clifford likes small definitions with the terms (see parenthesis & make more,finish)

Answer 4

Open (visible)
Adverse(non permissive) 
Continous(used as expected)
Uninterrupted(used without break)
Under a claim of right(used as dominant estates property)
For the period of statute of limitation

Question 5

Use of an easement

Answer 5

Can only be used by dominant party or estate

Character of use: