Non-Possessory Interests Flashcards
What is the duration of an easement?
It is presumed to be perepetual unless the grant specifically limits the interest
How is an easement appurtenant transfered?
The easement passes with the transfer of the benefited land, whether or not it is mentioned in the conveyance.
The burden also passes automatically with the burdened land unless the new owner is a BFP with no actual or constructive notice of the easement.
It cannot be transfered apart from the dominant estate.
When is an easement in gross transferable?
It is transferable when it serves an economic or commercial interest.
It is not transferable when it is for the holder’s personal interest.
How does an easement by reservation arise?
Grantor conveys title to land but reserves right to continue to use tract for a special purpose
NOT possible to reserve for a third party, only for grantor
When may an easement be implied from existing use?
- Single tract divded
- Apparent and continuous use existed on the servient part before division
- Easement is reasonably necessary for enjoyment of the dominant part
When may an easement be implied without any existing use?
- Subdivision plats – if the map shows streets leading up to the lots, buyers of the lots may use the streets to access their lots
- Profits – if have right to extract, have implied easement for crossing surface of land to extract it
When is an easement by necessity created?
When a landowner sells a portion of his tract and the division deprives one lot of access to a public road or utility line
Owner of servient parcel has right to locate the easement
Requirements for an easement by prescription
- Open and notorious
- Adverse
- Continuous
- Statutory period (MI = 15 years)
What is the scope of an easement?
Unless specified, it is assumed that the easement was intended to meet both the present AND reasonable future needs of the dominant estate
What happens if an easement is misused or overused?
It is NOT terminated. Rather, the servient owner is entitled to an injunction.
Who has the duty to make repairs to the easement?
If the holder is the sole user: full duty to repair
If both parties use it: repair costs apportioned
How is an easement by prescription terminated?
Adverse, continuous interruption of the use for the prescriptive period (MI = 15 years)
How is an easement by necessity terminated?
It terminates when the necessity ends
What is required for termination of an easement by merger?
- Same party acquires both the easement and the servient estate
- Unity must be complete (duration of servient estate must be equal to or longer than the duration of the dominant estate)
What is required for termination of an easement by abandonment?
Holder demonstrates by physical action an intent to permanently abandon
Also satisfied by oral expression + long period of nonuse
