easements Flashcards
(83 cards)
What is an implied easement?
A legal right to use another person’s land not created by a written agreement but arises from circumstances, conduct, or necessity
Implied easements are recognized based on the presumed intention of the parties when property was divided.
Why are implied easements recognized?
To ensure fairness and prevent unjust enrichment or hardship
For example, a buyer of a landlocked property should have access to their new land.
What is an easement by necessity?
A type of implied easement arising when a landowner divides property, creating a landlocked parcel that must cross the grantor’s land for access
This is the most common type of implied easement.
What are the key requirements for an easement by necessity?
- Unity of Ownership
- Necessity at Severance
- Strict Necessity
Give an example of an easement by necessity.
If Oliver sells a back portion of his property to Penelope and she can only access it by crossing Oliver’s remaining land.
What is an easement by prior existing use?
An implied easement that arises when a landowner uses part of their land for the benefit of another part before dividing the property
Also known as a quasi-easement.
What are the key requirements for an easement by prior existing use?
- Unity of Ownership
- Prior Existing Use
- Apparent and Continuous Use
- Reasonable Necessity
Provide an example of an easement by prior existing use.
If Quinn sells a house with a driveway that leads to it, and the driveway was used continuously to access the house.
What is an easement by prescription?
An easement acquired through continuous, open, notorious, adverse, and hostile use of another’s land for a statutory period
It grants the right to use but not ownership.
What are the key requirements for an easement by prescription?
- Continuous Use
- Open and Notorious Use
- Adverse or Hostile Use
- Statutory Period
Give an example of an easement by prescription.
If Sam drives across Tanya’s property for 25 years without her permission, and the state’s statutory period is 20 years.
What is an easement by implication from a plat or map?
An implied easement created when a developer records a plat showing community areas and sells lots with reference to that plat.
What are the key requirements for an easement by implication from a plat or map?
- Recorded Plat or Map
- Sale by Reference
- Intent to Create Easements
Provide an example of an easement by implication from a plat or map.
Homeowners likely have an implied easement to use a community park shown on a developer’s map.
What is the burden of proof for implied easements?
The party claiming an implied easement must prove all necessary elements for that specific type of easement.
What is the scope of an implied easement?
Usually limited to the nature and extent of the use that gave rise to the implication or necessity.
What legal action may be required for establishing an implied easement?
Court action may be needed to obtain a legal declaration of its existence.
True or False: The requirements for implied easements are the same in all states.
False
Requirements and recognition can vary slightly from state to state.
Why is understanding implied easements crucial in property law?
They can significantly impact the rights and obligations of landowners, even when not explicitly written down.
What is an express easement?
An express easement is a legal right to use another person’s land for a specific purpose, created by a written agreement.
True or False: An express easement must be created in writing.
True
Fill in the blank: The essential element of an express easement is the ____ agreement between the parties.
written
What are the two parties involved in an express easement called?
The dominant tenement (benefiting party) and the servient tenement (burdened party).
Which of the following is NOT a necessary element of an express easement? A) Intent, B) Duration, C) Payment
C) Payment
