Flashcards in Easements Deck (30):
What is an easement?
Right held by one person to make use of another person's land.
What is the servient estate?
Land burdened by the easement.
What is the dominant estate?
Land benefited by the easement.
What is an affirmative easement?
The holder has the right to do something on someone else's property.
What is a negative easement?
The holder has the right to prevent someone from doing something on her land
What is an easement appurtenant?
Easement is tied to the use of the land.
• this is fully transferable. Goes with the land.
What is it in gross easement?
And easement that benefits the holder personally.
• there is no dominant estate only a Servient estate.
What is an express easement?
An easement created by formal grant.
•Can also be created by our reservation. This occurs when a grantor conveys land but reserves an easement right in the land for the grantors use and benefit.
• subject to the statues of frauds
• subject to the recording acts.
Can a negative easement be created by implication?
No, must be express.
What are the four implied easement?
1. Easement by necessity
2. Easement by implication (prior use)
3. Easement by prescription
4. Easement by estoppel
Are implied easement subject to the statute of frauds?
Are the implied easement subject to the recording statute?
No, unless the subsequent purchaser had notice of the easement.
Are implied easement transferable?
When is a easement created by necessity?
Only when property is virtually useless.
• when the property is landlocked; there's no road or access without crossing another delay.
What conditions need to be met for an implied easement by necessity?
1. Common ownership: Dominate and servient estate or own in common by one person; and
2. Necessity at severance: when the states were severed into separate estates (severance), one of the properties we can virtually useless without an easement.
When does the implied easement by necessity end?
What it is no longer necessary.
What is the implied easement by implication?
An easement by implication is created by existing use on a property.
What conditions must be met to create an implied easement by implication?
1. Common ownership: a large estate owned by one owner.
2. Before severance: the owner of the large track uses the land as if there's an easement on it.
3. After severance: use must be continuous and apparent at the time of severance.
4. Necessary use must be reasonable and necessary to the dominant estates use and enjoyment.
What is the implied easement by prescription?
It is like acquiring an easement by adverse possession.
• elements are the same as adverse possession, except exclusivity.
How is an implied easement by estoppel created?
1. Permissive: starts with a permissive (license) use.
2. Reliance: continues with the second neighbors relies on the first neighbors promise.
• reliance must be reasonable and in good faith
3. Permission to withdraw: finally the first neighbor withdraw his permission.
• if reliance was detrimental to the second neighbor, the first neighbor is a estopped from withdrawing permission, in effect creating an easement.
Who has a duty to maintain the property subject to the easement?
The owner of the easement.
• parties can agree otherwise.
What are the seven ways to terminate a easement?
5. Sell to a bona fide purchaser
7. End of necessity
How does a release terminate the easement?
The holder of the easement especially releases it. The release must be a writing, because it is subject of the statute of fraud.
How does a merger terminate a easement?
And easement is terminated if the owner of the easement acquires fee title to the underlying estate. The easement merges into the title.
How does abandonment terminate a easement?
Owner acts in affirmative way that shows a clear intent to relinquish the right .
• Requires more than not use or statement
• usually need no use plus an act demonstrating intent to abandon.
How does prescription terminate a easement?
Holder fails to protect against a trespasser for the statutory period.
How does estoppel terminate a easement?
Servient owner change his position to his detriment in reliance on a statement/conduct of the easement holder that the easement is abandoned.
How does the easement terminate by end of necessity?
And easement by necessity last as long as the easement is needed. If it is no longer necessary, the easement ends.
What is a profit?
A right to enter another land and remove a specific natural resource.
• operate similarly to easements, but profits cannot be created by the Necessity.