Easement IV

Question 1

List the ten main ways to terminate an easement (Remember: MODERN CAPE)

Answer 1

• Merger
• Occurrence
• Destruction
• Estoppel
• Release
• Necessity
• Condemnation
• Abandonment
• Prescription
• Expiration

Question 2

How does an easement terminate through merger?

Answer 2

• Merger (also known as unity of ownership)
  – The easement is terminated when title to the dominant tenement and title to the servient tenement become vested in the same person

Question 3

How does an easement terminate through occurrence?

Answer 3

An easement created to end upon the occurrence of some event (sometimes called a defeasible easement) expires automatically if and when the stated event occurs.
– “To A, the path in front of my house to use as aright-of-way easement, until A graduates from law school”

Question 4

How does an easement terminate through destruction?

Answer 4

Destruction of the servient tenement, other than through the willful conduct of the servient owner, will terminate the easement

Question 5

How does an easement terminate through estoppel?

Answer 5

The servient owner materially changes position in reasonable reliance of the easement holder’s assurances that the easement will no longer been forced

Question 6

How does an easement terminate through release?

Answer 6

– Release, in writing (Statute of Frauds), given by the easement holder to the servient landowner.
– The written release is the most customary way to terminate an easement.

Question 7

How does an easement terminate through necessity?

Answer 7

– Easements created by necessity expire as soon as the necessity ends.
» However, if the easement, attributable to necessity, was nonetheless created by express grant, it will not end once the need ends

Question 8

How does an easement terminate through condemnation?

Answer 8

– An easement may terminate by condemnation if the government exercises its eminent domain power to take title to a fee interest in the servient estate for a purpose that is inconsistent with continued existence of the easement.
– Whenever an easement is terminated by condemnation, the easement holder is entitled to just compensation.

Question 9

How does an easement terminate through abandonment?

Answer 9

– Here, the easement holder (on the dominant tenement) must demonstrate, by physical action, the intent to never make use of the easement again.
– Mere non-use , without something more, is not enough for abandonment.

Question 10

How does an easement terminate through prescription?

Answer 10

An easement can be terminated when the servient owner interferes with it in accordance with the elements of adverse possession. Remember COHAE

Question 11

How does an easement terminate through expiration?

Answer 11

If the duration of the easement is limited in someway, it ends through expiration of the stated period

Question 12

What is a negative easement?

Answer 12

A negative easement entitles its holder to compel the servient land-owner to refrain from doing something that would otherwise be permissible

Question 13

List the four categories of negative easements recognized today.

Answer 13

– Historically, negative easements were disfavored.
– Today, they are recognized in only four main categories. Remember LASS.

A servient owner is not allowed to block or interfere with a dominant land owner’s:
* Light;
* Air;
* Support of building(s); and
* Stream water from an artificial flow

Question 14

How is a negative easement created?

Answer 14

A negative easement must be created expressly(i.e., through a grant or reservation) in a deed of easement or land deed.