Easements

Question 1

Dominant estate

Answer 1

The property that is benefited

Question 2

Servient estate

Answer 2

The property that is burdened

Question 3

In gross

Answer 3

The benefit is attached to a specific person, not land

Question 4

Appurtenant

Answer 4

The benefit is attached to the land

Question 5

Statute of Frauds

Answer 5

Dictates that real estate transactions be in writing

informal easements are exceptions

Question 6

Profits

Answer 6

Allows non-owners to collect resources from the land like coal, timber, or water

Question 7

Types of Easements

Answer 7

Formal: by Deed

Informal:
- Prescription
- Estoppel
- Custom
- Public Trust doctrine
- Prior apparent use
- Necessity

Question 8

Prescription

Answer 8

Essentially an easement for a specific use of a property

Elements:
- Specific use
- Actual, affirmative use
- Open and Notorious
- Adverse claim of right
- Continuous
- For the statutory period

Question 9

Estoppel

Answer 9

A license that turns into easement:

Affirmative use of prop belonging to another that is:

• With permission
• Foreseeable that user would rely on continuation of that permission
• User changed position in reliance on continuation
• Necessary to prevent injustice

Question 10

Example of Easement by Custom

Answer 10

Oregon allowing the public to access and drive on beaches bc it was historically customary for people to get around on the beaches before highways.

Question 11

Example of Easement by the Public Trust Doctrine

Answer 11

The NJ public trust doctrine guaranteed the public’s right to use and enjoyment of the water which included some access to dry sand owned by private owners

Question 12

Prior Apparent Use

Answer 12

Elements:
- Two parcels previously subdivided

• One was previously used to benefit the other parcel in an apparent and continuous manner
• Use must be reasonably necessary or convenient for enjoyment of dominant estate

Question 13

Necessity

Answer 13

Description: one parcel of land subdivided, upon subdivision, the dominant estate becomes landlocked (strict necessity)

Jurisdictional Split:
Majority: must be intent of the parties in conveyance

Minority: intent doesn’t matter

Question 14

Ways easement can be terminated

Answer 14

• Agreement
• By their own terms
• Merger: Holder of servient estate becomes owner of dominant estate
• Abandonment: conduct shows intent to abandon easement
• Adverse possession: by owner of servient estate or third party
• Frustration of purpose: impossible to accomplish or no longer serves its purpose.

Question 15

Easement Presumption

Answer 15

Presumed to run with the land