Easements

Question 1

Easement Def.

Answer 1

• permanent interest in the land

Question 2

Easement Types (4 types)

Answer 2

• affirmative - allows the holder to perform an act on the servient land
• negative - allows the holder to prevent the srevient owner from performing an act
• easement (appurtenant) - benefits the holder in her use of a specific parcel of land
• easement (in gross) - not attached to dominant tenement (Maj. cannot be transferred unless commercial purpose)

Question 3

Express Easement

Answer 3

created when the dominant and servient owner agree inwriting to create an easement (S.O.F.)

• be reservation - when the dominant owner retains an easement over property she grants to the servient owner
• by grant - when the servient owner grants an easement to the dominant owner

Question 4

Implied Easement by Prior Existing Use (3 elements)

Answer 4

1. severance of title - requires that the land held in common ownership is divided
2. existing, apparent, and continuous use - “apparent” is broad so it also encompasses what would have been discovered given a reasonably prudent investigation of the premises
3. reasonable necessity - use beneficial or convenient to the land

Question 5

Prescriptive Easement (3 elements)

Answer 5

1. adverse - MAJ. assumes adversity
2. Open & Notorious - use must be sufficiently visible and apparent that a diligent owner who is present at the time would be able to discover
3. continuous - statutory period, tacking allowed

Question 6

Easement by Necessity (2 elements)

Answer 6

1. severance of title - land held in common ownership be divided
2. necessity (strict vs reasonable)
   - strict (trad) - absolutely “landlocked”
   - reasonable (mod) - easement must be beneficial or convenient to the use and enjoyment of the land

Question 7

Easement by Estoppel (3 elements)

Answer 7

1. premission to use the land
2. change in position - substantially change position based on the reasonable reliance of the permission
3. injustice - can only be avoided by recognizing an easement

Question 8

License

Answer 8

• informal permission that allows the holder to use the land of another for a particular purpose
• not an interest in the land, and therefore can be revoked at any time