Easements Flashcards
An easement gives the right to…?
Cross over and sometimes use someone else’s property
T/F: Driveways, roads, rail lines, and utility lines are all examples of easements
True
T/F: An easement is not a tenancy or estate, but rather, an encumbrance on a property
True
T/F: Easements convey possession for a limited time for a periodic payment
False
What is the difference between an easement and a profit?
Easement allows crossing of the land
Profits allows removal of things from the land (minerals, timber, flowers…)
Profits are nearly always accompanied by an easement since you have to cross the land to remove things
What are the 4 Types of easements discussed in class?
Affirmative Easements:
- Gives the easement holder some right to cross the land
Negative Easements:
- Do NOT give the easement holder rights to cross the land
- Tend to restrict what the owner of the land can do
- Most commonly a matter of light, air, or view
Easements Appurtenant:
- Serves as the dominant tenement
- The easement that it crosses serves as the servient tenement
- If the owner sells the land, the easements stays/goes with the
sale of the land
Easements in gross
- Right to using a property owned by someone else
- No dominant tenant
- Like power lines running across a bunch of land
T/F: A negative easement restricts what the owner of the land can do. For example: it may prevent them from building a structure blocking a view.
True
T/F: An affirmative easement gives the holder some right to cross the land
True
Mitchell v. Castlelaw shows us that you can determine whether an easement exists by looking at…?
The language of the agreement (deed, will, transfer)
Then look to the surrounding circumstances when the document was executed to decipher what the parties intended in relation to the creation of an easement
If an easement is “one”, as in, one person has it, then they can grant licenses and such because it is solely theirs.
What is this rule called?
One Stock Rule
T/F: Easements can be created by agreement, or by operation of law without a document
True
What are the types of easements created by operation of law?
Necessity:
- Derives from public policy considerations (useless to own
property if you can’t access it)
- Could be terminated if necessity ceases to exist
Implication
- You need unity of title, it if is split up, the implication is the
owner of one of the parcels still needs to access it
- If no one needed to use the easement anymore, it could be
relinquished
Prescription
- Like adverse possession
- Holder of a reported interest uses it an open and hostile way for
a number of years
McDonald Properties v. Belair Country Club
Golf Course used some land as “rough” that belonged to someone else. Although there was an easement for a pedestrian tunnel, there was no discussion of an easement for the “rough”. It’s been used over 40 years in this manner.
What type of easement is this?
Easement by Prescription
It is open and notorious, golfers entering the land often to follow and hit balls (put the property on notice - like adverse possession)
What is the difference between an easement and a license?
Easements are interests - licenses are only permissions
Nicastle v. Scanlon:
Scanlon sells trees on his land to Nicastle. First oral agreement, later stuff was written. Nicastle cuts the trees and brought a 3rd party to cut more. Scanlon decides to stop allowing it.
License or Easement?
License (an can be revoked at any time)
