Easements

Question 1

What are the five kinds of easements?

Answer 1

(1) Express easement
(2) Implied easement by prior existing use
(3) Easement by necessity
(4) Prescriptive easement
(5) Easement by estoppel (irrevocable license)

Question 2

What do express easements require?

Answer 2

(1) Writing that satisfies the statute of frauds

Question 3

What is an easement by neccesity?

Answer 3

(1) Where a parcel is severed
(2) generally, a right to ingress and egress
(3) Can be created
(4) if required to access one of the new parcels
(5) and this necessity for access was created by the original severance

Question 4

What is an implied easement by prior existing use?

Answer 4

(1) Where a parcel is severed
(2) and one part of the land was being used
(i) continuously
(ii) apparently
(iii) for the benefit of another part of the land split by the severance
(3) An implied easement by prior existing use can be created where reasonably neccesary

Question 5

What is a prescriptive easement?

Answer 5

(1) Where a claimant uses the owners land in a
(2) Open
(3) Notorioius
(4) Adverse
(5) Hostile
(6) Manner, continuously for a statute of limitations period

Question 6

What easements are sneaky on exams?

Answer 6

(1) Prescriptive easements

Question 7

What is an easement by estoppel?

Answer 7

(1) An irrevocable license

Question 8

What is the majority rule for an Easement by necessity?

Answer 8

(1) There must be a ‘reasonable necessity’ at time of severance

Question 9

What is the traditional view for an easement by necessity?

Answer 9

(1) There must be a ‘Strict necessity’ at time of severance

Question 10

What are the three necessity standards?

Answer 10

(1) Strict necessity
(2) Reasonable Necessity
(3) Reasonably Practical ‘Berge’ standard

Question 11

What is strict neccesity

Answer 11

(1) It is impossible to access your parcel without the easement
(2) Minority standard

Question 12

What is reasonable necessity

Answer 12

(1) Easement would be beneficial or practical
(2) Majority Standard

Question 13

What is the reasonably practical ‘Berge’ standard?

Answer 13

(1) An easement is required when practical
(2) Where QUOTE “Todays standard’s compel the conclusion” as to what is practical

Question 14

What is the difference between a license and an easement?

Answer 14

(1) Easements “Run with the land”
(2) Licenses are for people

Question 15

What is required to create an irrevocable license by estoppel?

Answer 15

Where
(1) Owner grants a liscense for another to use their land
(2) Reasonable to forsee that the other would substantially change position in reliance
(3) The other actually does substantially change positon in reasonable reliance
(4) Injustice can only be avoided by recognizing the easement

Question 16

What ways may an easement be terminated?

Answer 16

(1) Express
(2) Release
(3) Abandonment
(4) Merger
(5) Estoppel
(6) Misuse
(7) Condemnation
(8) Prescription

Question 17

What is express termination of an easement?

Answer 17

(1) Natural ending of an easement by its terms

Question 18

What is release of an easement?

Answer 18

(1) The easement holder can release the easement by writing that complies with the statute of frauds

Question 19

What is abandoning an easement?

Answer 19

Easement holder
(1) Ceases using the easement
(2) With intent or acts inconsistent with it’s further use

Question 20

What effect does merging easement and servient land have on the easements?

Answer 20

(1) Where one person obtains title to both the easement
and
(2) The servient land
(3) The easement terminates under the doctrine of merger

Question 21

When will an easement be ended by estoppel?

Answer 21

(1) Where the servient owner substantially changes his position
(2) In reasonable reliance on the
(3) Easement holder’s statement that the easement will not be used in the future

Question 22

What is misuse of an easement?

Answer 22

(1) In some jurisdictions
(2) If a holder seriously misuses an easement
(3) the easement may be ended through forfeiture

Question 23

What effect does condemnation have on easements?

Answer 23

(1) Condemnation of servient land terminates easements
(2) Though the easement holder is entitled to just compensation

Question 24

How may an easement be terminated by prescription?

Answer 24

(1) Where a servient owner blocks use of the easement
(2) In an open
(3) Notorious
(4) Adverse
(5) Hostile
(6) Continuous
(7) Manner for the perspective period, the easement ends.