Easements by Estoppel & Implication Part II; Misuse and Termination - April 18

Question 1

What does it mean when a parcel of land is landlocked? (Barros)

Answer 1

We call a parcel of land that has no access to a road landlocked. (578)

Question 2

What is an easement implied by necessity (easement by necessity)? (Barros)

Answer 2

Landlocked parcel needs access to road through another’s property. (578)

Question 3

What are the three elements of easement by necessity? (Barros)

Answer 3

Unity of ownership, landlocked parcel, and easement must be necessary for the landlocked parcel to reach the road. (578)

Question 4

What does unity of ownership mean in the easement by necessity? (Barros)

Answer 4

Unity of ownership of the land that later become the dominant and servient parcels. Easements by necessity are implied only over land once owned by the common grantor, not over land that was owned by a third party. (578)

Question 5

When do easements by necessity end? (Barros)

Answer 5

Easements by necessity end when the necessity ends. (587)

Question 6

What are private road acts? (Barros)

Answer 6

Private Road Acts, which allow the owner of landlocked parcels to obtain an easement over neighboring land in return for fair market compensation. Private Road Acts often are described as involving a private use of eminent domain. (587)

Question 7

What does it mean when someone misuses an easement? (Barros)

Answer 7

If the owner of the benefit uses an easement in a manner that is beyond the scope of the easement. (590)

Question 8

What is abandonment of an easement? (Barros)

Answer 8

An easement is terminated if it is abandoned by the owner of the benefit. (598) Abandonment involves an element of intent.

Question 9

What is release of an easement? (Barros)

Answer 9

An easement will be terminated if the holder of the dominant estate executes a written release of the easement. (597)

Question 10

What is a merger of an easement? (Barros)

Answer 10

An easement will be terminated if at any point in time the dominant and servient parcels are owned by the same person. (597)

Question 11

What is prescription of an easement? (Barros)

Answer 11

Just as an easement can be created by prescription, an easement can be terminated by prescription. (598)

Question 12

What is eminent domain of an easement? (Barros)

Answer 12

Easements, like other property interests, may be taken by government use of the power of eminent domain. (599)

Question 13

May the recording acts terminate an easement? (Barros)

Answer 13

Yes. The recording acts may terminate an unrecorded easement on the sale of the servient parcel to a good faith purchaser. (599)

Question 14

May foreclosures terminate easements? (Barros)

Answer 14

Yes. Foreclosure on a mortgage (or other lien) may terminate an easement that is junior in priority to the mortgage. (599)

Question 15

What is a conservation easement? (Barros)

Answer 15

A conservation easement is an easement that places restrictions on the development of the servient parcel. (627)

Question 16

What is an agricultural easement? (Barros)

Answer 16

An agricultural easement restricts the use of the servient parcel to agricultural uses. Because of the common-law prohibition on negative easements, conservation easements are the product of statutes. (627)

Question 17

What is a useful mnemonic for how easements can be extinguished? (Piper)

Answer 17

A FRAME will extinguish an easement:
A – ABANDONMENT
F – FORECLOSURE of a mortgage that was recorded prior to the easement
R – Signed writing, RELEASING the easement
A – ADVERSE Possession of a servient estate in a hostile manner, preventing use of the
easement
*M – MERGER by common ownership of all (100%) of dominant & servient estates,
because one can’t possess an easement, covenant, or profit on her own property
E – EMINENT DOMAIN (government condemnation) of the servient estate

Question 18

What is a negative easement? (Barros)

Answer 18

A negative easement would allow the owner of the dominant parcel to prohibit the owner of the servient parcel from doing something. (627)

Question 19

What are positive easements? (Barros)

Answer 19

They allow the owner of the dominant parcel to do something on the servient parcel. (627)

Question 20

What were the four exceptions in English common law for negative easements? (Barros)

Answer 20

(a) blocking windows in a building, (b) blocking well-defined flows of air, (c) interfering with water flow in canals and other human-made channels, and (d) removing lateral support for a wall or foundation. (627)

Question 21

What mnemonic helps remind you what negative easements are limited to? (Piper)

Answer 21

Negative easements are limited to LAWS:
L – LIGHT easements
A – Easements of AIR
W – Easements regarding WATER use
S – Easements of SUPPORT