Eastements

Question 1

easement definition

Answer 1

nonpossesory right to use land of another person

It is a legal right that allows the holder of the easement to use property that he or she does not own or possess for a specific purpose. Easements are commonly used to ensure access to utilities and shared paths, or to preserve the character of a community that is reliant upon historic ways of access and boundary conditions.

Question 2

land use restrictions

Answer 2

an owner might agree to restrict the use of his land by creating a real covenant or an equitable servitude

Question 3

servitude

Answer 3

the restatement merges the easements, the real covenant, and the equitable servitude into one doctrine

Question 4

types of easements

Answer 4

1. express easement
2. implied easement by prior existing by prior existing use
3. easement by necessity
4. prescriptive easement
5. easement by estoppel or irrevocable license

Question 5

express easement

Answer 5

an easement granted by “deed” – note must be in writing to satisfy the SoF (1. identify the parties; 2. describe the servient land and the dominant land; 3. describe the exact location of the easement on the servient land; and 4. state the purposes for which the easement may be used.)
■ note an express easement must be recorded to bind a bona fide purchaser of servient land

Question 6

Implied easement by prior existing use

Answer 6

(1) severance of title to land held in common ownership;
■ (2) an existing, apparent, and continuous use of one parcel for the benefit of another at the time of the severance; and
■ (3) reasonable necessity (i.e., beneficial or convenient ≠ essential) for that use at the time of severance

Question 7

easement by necessity

Answer 7

■ (1) severance of title to land held in common ownership; and
■ (2) necessity for the easement at the time of severance

traditional approach = strict necessity
● modern approach = reasonable necessity, i.e., beneficial or convenient
● restatement – a conveyance that would otherwise deprive the land…of
rights necessary to reasonable enjoyment of the land implies the creation
of a servitude granting or reserving such rights unless the facts show the
parties had a contrary intent

Question 8

prescriptive easement

Answer 8

■ (1) open and notorious; ■ (2) adverse and hostile – note most states presume adversity when use is open and notorious (O’Dell ≠ presume adversity requiring dominant owner to show
they did not obtain permission)
■ (3) continuous;
(4) for the statutory p

Question 9

easement by estoppel or irrevocable license

Answer 9

1. landowner allows another to use his land, creating a license;
2. licensee relies on good faith on the license, usually by making physical improvements or incurring significant costs; and
3. licensor knows or reasonably should expect reliance will occur
4. main considers that a 4th element is substantial change in position