Disputes About the Use of Land - Easements Flashcards
(32 cards)
What legal rights entitle someone to make an affirmative use of land ?
- Easements
- Profits
- Licenses
What is an affirmative easement ?
- Gives the holder the right to make affirmative use of anothers prop.
- Most easements are affirmative
What is a negative easement ?
- Prevents the owner from using land in a certain way in order to benefit the land of the holder of the easement
- To be valid, it must be espressly created by writing signed by the grantor
- Typically recog. only in realtion to restricting use of:
- Light,
- air
- support
- stream water from an artificial flow
What are the ways an easement is created?
- Express Agreement
- Necessity & Implication
- Prescription
- Estoppel
How is an express easement created?
- By Grant - Arises when it’s affirm. created by parties in writing that complies w/ SOF
- By Reservation - When grantor conveys land but reserves an easement right in that land for his own use & benefit (not for 3d party)
How is an easement by necessity created?
Created when prop. is virtually useless (landlocked) w/out the benefit of the easement across the adjacent prop.
- Both Dominant & Servient estates must have been under common ownership in the past AND
- Nec. must have arisen at the time that the prop. was severed & the two estates were created
- The Easement is Strictly Necessary
How is an Easement by Implication created?
- The parcels were once under common ownership
- The Dominant Parcel is sold
- A quasi easement existed at the time of severance
- Prior use of the easement on servient parcel was:
- continuous
- Apparent (Open & Obvious) AND
- Reasonably Nec. to Dom. land’s use & enjoyment
How is an easement by prescription created?
There use must be:
- Continuous
- Actual
- Open AND
- Hostile (no permission given)
- For the specified period of time
What is the scope of an easement by prescription?
Limited to the nature and extent of the adverse use
How is an easement by estoppel created?
- Good Faith
- Reasonable and
- Detrimental Reliance
- On permission
- by a servient estate holder
- Issued to prevent unjust enrichment
What is an easement appurtenant?
- Easement benefits a parcel of land not a particular person
- The benefit is transferred automatically with the servient estate
What is an easement in gross?
- An easement benefits a person or entity
*
What is the scope of an express easement ?
Scope defined by its terms
- If ambiguous, courts look to the intent of the parties
What is the scope of an easement by necessity?
Determined by the extent of the necessity
What is the scope of an easement created by implication?
Determined by the existing quasi-easement
What is the scope of an easement by prescription?
Scope is limited to the nature & extent of the adverse use
In what ways can an easement be terminated?
- Release
- Merger
- Severence
- Abandonment
- Destruction/Condemnation
- Sale to BFP
How is an easement terminated by release?
Can be terminated by a writing that:
- expressly releases the easement right &
- complies with the SOF
How is an easement terminated by Merger?
Ease. term. if the owner of the ease. acquires fee title to the underlying-estate (Gets ownership of both dom. & serv. estate)
- The easement is said to merge into the title
- Easement is not auto. revived unless a new grant is made
How is an easement terminated by Severance ?
- In an easement appurtenant
- Any attempt to severe the estate from the dom. estate will terminate the easement
How is an easement terminated by abandonment?
- The holder actually abandons use of the easement AND
- Holder uses words or conduct that shows a clear intent to relinquish the easement right
How can an easement be terminated by estoppel?
The easement holder may be estopped from asserting the easement if:
- The servient estate owner changes position to his detriment
- In reliance on statements/conduct of the easement holder that the easement is abandoned
How is an easement terminated by prescription?
An easement holder’s right may be terminated by prescription if:
- An easement holder fails to protect his easement against a trespasser
- TP cont. interferes w/ easement for statutory pd.
- For the statutory period
How is an easement by necessity terminated?
When the necessity no longer exists
