Ass. 22: Non-Express Easements

Question 1

ways non-express easements can be created

Answer 1

-prior use
-necessity
-prescription (less common)
-implication from map or boundary description (much less common)

Question 2

prescriptive easements

Answer 2

1. actual use of anothers land in a way one might use an easement which is
2. open & notorious
3. hostile
4. continuous for the statutory period

Question 3

easements implied by prior use

Answer 3

1. severance of land (title) that had been held in common ownership into 2 or more parcels w separate ownership
2. b4 severance there was an existing, apparent, and continuous use of 1 parcel for the benefit of another at the time of severance
3. rsbl necessity for that use
   ** can only be appurtenant

Question 4

additional uses of implied easement

Answer 4

courts will permit add’l uses that arise from foreseeable changes to the dominant estate as long as there is no unreasonable add’l burden on the servient estate

Question 5

termination of implied easement

Answer 5

courts may be more willing to terminate an implied easement

Question 6

easements by neccesity

Answer 6

1. severance by title to land held in common ownership
2. necessity

Question 7

necessity majority approach

Answer 7

“strict necessity” required for easement at time of severance
- severance of title caused the land to be landlocked

Question 8

necessity minority approach

Answer 8

“reasonable necessity” required
- rights necessary to reasonable enjoyment of the land

Question 9

duration of rights gained by necessity

Answer 9

will only last as long as necessity lasts