Ch 22: Easements Pt 1 Flashcards
(18 cards)
Easements
Right held by one person to make use of another persons land
Servient estate
Land burdened by the easementD
Dominant estate
Land benefitted by the easement
Cissy has an easement to cross Dominic’s property to reach the highway. Who has the dominant and servient state?
Dominant: cissy
Servient: Dominic
Affirmative easement
The holder has the right to do something on someone else’s property
Negative easement
The holder has a right to prevent someone from doing something on their own land
Easement appurtenant
The easement is tied to the use of the land
Easement in gross
The easement benefits the holder personally
In an easement in gross, there is no?
No dominant estate, just a servient estate
Two methods to creating an easement
- Express easement
- Implied easementE
Express easement
- Can be created by a grant
- Subject to SOF, meaning it has to be in writing
- Can be created by a reservation (when a grantor conveys land but reserves an easement right in the land for the grantor’s use and benefit)
Express easements are subject to?
recording statutes
A negative easement must be?
express and cannot be created by implication
Implied easemens
- informal and rise out of factual circumstances
- are transferable
- not subject to SOF
- not subject to recording statutes unless the subsequent purchaser had notice of the easement
4 kinds of implied easements
- Easement by necessity
- Easement by implication (easement by prior use)
- Easement by prescription
- Easement by estoppel
Implied easement by necessity
created only when property is virtually useless
Conditions that have to be met for implied easement by necessity
- Common ownership (dominant and servient estates were owned in common by one person; and)
-Necessity at severance (when the estates were severed into 2 separate estates, one of the properties became virtually useless w/o an easement)
Implied easements by necessity end when?
when it is no longer necessary
