Easement

Question 1

Creation of Easement

Answer 1

Easements can be created
* expressly
* impliedly (previous use)
* impliedly (necessity)
* prescription

Question 2

Implied Easement by Implication

Answer 2

1. a single tract of land is divided by a common owner and a piece of land is conveyed to another
2. beyfore the division, the common owner used the single tract of land as if there was an easement on it
3. after the division, the common owner’s use of the conveyed land must be continuous and apparent AND
4. such use msut be reasonably necessary for the owner’s use and enjoyment

Question 3

Termination of an Easement

Answer 3

1. Release
2. Merger
3. Abandonment (mere nonuse of the easement is not sufficient to abandon it).
4. Prescription
5. Sale to a Bona Fide Purchaser
6. Estoppel
7. End of Necessity