Ch23: Easements, Pt II

Question 1

Implied Easement by implication

Answer 1

created by an existing use on a property

Question 2

Conditions that have to be met for implied easement by implication

Answer 2

• Common ownership (large estate owned by 1 owner)
• Before severance (the owner of the large tract uses the land as if theres an easement on it)
• After severance (use must be continuous and apparent)
• Necessity (use must be reasonably, not strictly necessary to the dominant estates use and enjoyment)

Question 3

Implied easement by prescription

Answer 3

Its like Acquiring an easement by adverse possession

Question 4

Implied easement by estoppel

Answer 4

Creation: starts with a permissive use (this is a license)

Reliance: continues when the second neighbor relies on the first neighbors promise

Permission withdrawn: finally, the first neighbor withdraws permission

Question 5

If reliance was detrimental to the second neighbor, the first neighbor is ______ from withdrawing permission, in effect creating an easement

Answer 5

estopped

Question 6

Ambigious terms in express easements

Answer 6

If terms are ambiguous, the court considers the intent of the original parties as to the purpose of the easement

Question 7

Changes in use in express easements

Answer 7

Changes in use are tested under a reasonable standard; the future use of an easement must be reasonably foreseeable

Question 8

If use exceeds the scope in an express easement, the dominant tenant is?

Answer 8

trespassing on the servient estate

Question 9

The scope of implied easements is determined by?

Answer 9

the nature of the prior use or necessity

Question 10

Duty to maintain

Answer 10

The owner of the easement has the duty to maintain the property subject to an easement (unless the parties contract otherwise)

Question 11

Release from an easement

Answer 11

• The holder of one easement expressly releases it
• must be in writing

Question 12

Merger with an easement

Answer 12

An easement is terminated if the owner of the easement acquires fee title to the underlying estate (easement will merge into the title)

Question 13

Abandonment with an easement

Answer 13

the owner acts in an affirmative way that shows a clear intent to relinquish the right to the easement; usually need non-use plus an act demonstrating intent to abandon

Question 14

Prescription with an easement

Answer 14

The holder fails to protect against the servient estate owner’s interference for the statutory period

Question 15

Estoppel with an easement

Answer 15

The servient owner changes position to his detriment in reliance on statements or conduct of the easement holder that the easement is abandoned

Question 16

End of necessity with an easement

Answer 16

An easement by necessity lasts as long as the easement is needed

Question 17

Profit

Answer 17

• NOT an easement
• right to enter another land and remove a specific natural resource

Question 18

License

Answer 18

• NOT an easement
• a revocable permission to use another land (ex. plumber coming in w/ permission)