- Encubrances that affect the physical condition or use of property.
- Easment Appurtenant: One party benefits and one party burdened.
- Servient Premises: tract which is burdened by the easement.
- Dominant Premises: tract which benefits.
Easement in Gross
- Easement in Gross: An easement that does not benefit a particular parcel.
- A easement in which the owner of the dominant premises can use the servient premises.
- An easement in which the owner of the servient premises is prohibited from doing something that would otherwise be lawful.
- Express Grant or Reservation
- Implied Grant or Reservation
Express Grant or Reservation
- Easement created by deed or written agreement.
- Reservation is selling land and reserving in the deed an easement in the portion retained.
Implied Grant or Reservation
- An easement created because a court would consider that the owner intended to create one.
- Must be obvious and prior use must have been continuous.
- A person who makes use of another person's land for 30-60 years.
- Use must be adverse (without owner's consent).
- Use must be continuous.
- Use must be uninterrupted.
- Use must be visible.
- Use must be open.
- Use must be notorius.
- With landlocked land, a right of way by neccessity is created by implied grant over the remaining land of the seller.
- No other conditions are required.
Termination of an Easement
- Express Release
- Abandonment: non-use is insufficient evidence of intent to abandon.
- By Terms of Original Easement.
- Termination of Purpose.
- PEET: Police, Eminent Domain, Eschete, Taxes
- Imposed by developers like in Zinnia.
- Imposed by private landowners on the deed during conveyance.
RIGHTS OF ADJOINING OWNERS
Lateral and Subject Support; Subsidence
- Lateral and Subject Support: Each owner has the right to have his land supported in its natural condition by the land of his neighbor.
- Subsidence: lowering of the land surface elevation.