Easements

Question 1

Easement in General

Answer 1

An easement is:
1. Grant of nonpossessory interest that
2. Entitles holder to use or enjoyment of
3. Another’s land

Presumed to be of perpetual duration unless expressly limited

Question 2

Affirmative Easement

Answer 2

Nonpossessory right to go on and do something

Question 3

Easement Appurtenant

Answer 3

Benefits holder in physical use or enjoyment of his own land.

Dominant and Servient parcel

Passes automatically with transfer of benefited land. All subsequent owners entitled to benefit.

Burden automatically passes unless BFP without notice.

Failure to record does not affect validity.

Question 4

Implied Easement

Answer 4

Implied from existing use

Use must be apparent.

Parties must have expected it to survive division because it was necessary to dominant use and enjoyment

Question 5

Termination of Easement

Answer 5

ENDCRAMP
Estoppel - servient change in position based on assurances no longer being enforced

Necessity - no more, purpose for it ends

Destruction

Condemnation - by eminent domain

Release - in writing by servient

Abandonment - physical action showing intent. Nonuse not enough

Merger - servient estate must be = or > dominant

Prescription - servient owner COAH interference

Question 6

Methods of Creating an Easement

Answer 6

PING

Prescription (COAH)

Implication

Necessity

Grant