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Real Property > Disputes About the Use of Land - Easements > Flashcards

Disputes About the Use of Land - Easements Flashcards

1
Q

What legal rights entitle someone to make an affirmative use of land ?

A
  1. Easements
  2. Profits
  3. Licenses
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2
Q

What is an affirmative easement ?

A
  • Gives the holder the right to make affirmative use of anothers prop.
  • Most easements are affirmative
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3
Q

What is a negative easement ?

A
  • Prevents the owner from using land in a certain way in order to benefit the land of the holder of the easement
  • To be valid, it must be espressly created by writing signed by the grantor
  • Typically recog. only in realtion to restricting use of:
    • Light,
    • air
    • support
    • stream water from an artificial flow
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4
Q

What are the ways an easement is created?

A
  1. Express Agreement
  2. Necessity & Implication
  3. Prescription
  4. Estoppel
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5
Q

How is an express easement created?

A
  1. By Grant - Arises when it’s affirm. created by parties in writing that complies w/ SOF
  2. By Reservation - When grantor conveys land but reserves an easement right in that land for his own use & benefit (not for 3d party)
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6
Q

How is an easement by necessity created?

A

Created when prop. is virtually useless (landlocked) w/out the benefit of the easement across the adjacent prop.

  • Both Dominant & Servient estates must have been under common ownership in the past AND
  • Nec. must have arisen at the time that the prop. was severed & the two estates were created
  • The Easement is Strictly Necessary
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7
Q

How is an Easement by Implication created?

A
  1. The parcels were once under common ownership
  2. The Dominant Parcel is sold
  3. A quasi easement existed at the time of severance
  4. Prior use of the easement on servient parcel was:
  • continuous
  • Apparent (Open & Obvious) AND
  • Reasonably Nec. to Dom. land’s use & enjoyment
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8
Q

How is an easement by prescription created?

A

There use must be:

  1. Continuous
  2. Actual
  3. Open AND
  4. Hostile (no permission given)
  5. For the specified period of time
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9
Q

What is the scope of an easement by prescription?

A

Limited to the nature and extent of the adverse use

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10
Q

How is an easement by estoppel created?

A
  1. Good Faith
  2. Reasonable and
  3. Detrimental Reliance
  4. On permission
  5. by a servient estate holder
  6. Issued to prevent unjust enrichment
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11
Q

What is an easement appurtenant?

A
  • Easement benefits a parcel of land not a particular person
  • The benefit is transferred automatically with the servient estate
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12
Q

What is an easement in gross?

A
  • An easement benefits a person or entity
    *
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13
Q

What is the scope of an express easement ?

A

Scope defined by its terms

  • If ambiguous, courts look to the intent of the parties
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14
Q

What is the scope of an easement by necessity?

A

Determined by the extent of the necessity

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15
Q

What is the scope of an easement created by implication?

A

Determined by the existing quasi-easement

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16
Q

What is the scope of an easement by prescription?

A

Scope is limited to the nature & extent of the adverse use

17
Q

In what ways can an easement be terminated?

A
  1. Release
  2. Merger
  3. Severence
  4. Abandonment
  5. Destruction/Condemnation
  6. Sale to BFP
18
Q

How is an easement terminated by release?

A

Can be terminated by a writing that:

  • expressly releases the easement right &
  • complies with the SOF
19
Q

How is an easement terminated by Merger?

A

Ease. term. if the owner of the ease. acquires fee title to the underlying-estate (Gets ownership of both dom. & serv. estate)

  • The easement is said to merge into the title
  • Easement is not auto. revived unless a new grant is made
20
Q

How is an easement terminated by Severance ?

A
  1. In an easement appurtenant
  2. Any attempt to severe the estate from the dom. estate will terminate the easement
21
Q

How is an easement terminated by abandonment?

A
  1. The holder actually abandons use of the easement AND
  2. Holder uses words or conduct that shows a clear intent to relinquish the easement right
22
Q

How can an easement be terminated by estoppel?

A

The easement holder may be estopped from asserting the easement if:

  1. The servient estate owner changes position to his detriment
  2. In reliance on statements/conduct of the easement holder that the easement is abandoned
23
Q

How is an easement terminated by prescription?

A

An easement holder’s right may be terminated by prescription if:

  1. An easement holder fails to protect his easement against a trespasser
    • TP cont. interferes w/ easement for statutory pd.
  2. For the statutory period
24
Q

How is an easement by necessity terminated?

A

When the necessity no longer exists

25
Q

How is an easement terminated by destruction ?

A

Destruction of structure on the servient estate by natural forces can term. an easement if:

  • Easement is related to the structure
26
Q

How is an easement terminated by condemnation?

A

Condemnation of the servient estate terminates an easement

  • Some courts allow holder of ease. to get compensation b/c of condemnation
27
Q

How is an easement terminated by Sale to Bona Fide Purchaser ?

A

If a written easement is granted but not recorded against the servient estate

  • Easement is not enforceable against BFP (purchaser w/ no notice of easement)
28
Q

Duty to Maintain

A

Owner of easement has the right & duty to maintain the easement for its purpose unless parties agree otherwise

  • If ease. shared - Owner who maintains or repairs can seek contribution from the other owners:
    • after adequate notice AND
    • opp. to participate in repair decisions
29
Q

What is a profit ?

A

The nonpossessory right to enter servient’s land and remove natural resources (soil, minerals, timber, oil)

30
Q

How can a profit be created?

A
  1. Expressly
  2. By prescription

NOT by necessity

31
Q

What is a license ?

A

The privilege to enter another’s land

  • Freelyrevocable at any time and for any reason unless estopped
  • Doesn’t need to satisfy SOF
  • Invalid oral easements create revocable license
32
Q

When is a license irrevocable?

A

By estoppel - Court may recognize an equitable easement if:

  • Holder expends money or
  • Detrimentally acts in reliance on the license

Real Property (14 decks)

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