Easements Cases

Question 1

Lobato v. Taylor

• what kind of easement was this?

Answer 1

Easement by estoppel

General Facts: orignial owner gave a communal license which was not recognized under U.S. law. Modern owner wanted to revoke the license conveyed in the land grant.

Holding: court recognized that the people had a license, deemed it irrevocable, and granted the easement by estoppel.

Question 2

Granite Properties v. Mann

what kind of easement it this?

Answer 2

Easements by prior apparent use

Facts: plaintiff conveyed part of owned lot to defendant. Plaintiff had shopping center and an apartment that used a driveway on the conveyed property.

Holding/Rule: The court recognized an easement based on prior use. The court ruled that the grantor must show a higher need of necessity for the use than the grantee and the court said that was the case here.

Question 3

Finn v. Williams

what kind of easement is this?

Answer 3

Easement by Necessity

Facts: The Finns bought a property that was landlocked by the William’s property and the Williams aren’t letting them use roads.

Holding: There is an easement of necessity because where an owner of land conveys a parcel that is landlocked, a way by necessity exists over the remaining lands of the grantor.

Question 4

Community Feed Store v. N.E. Culvert Corp.

What kind of easement is this?

Answer 4

Easement by Prescription

Summary: Neighboring businesses, community used gravel lot to turn trucks and cars around to load/unload feed. True owner does survey and then denies use.

Holding: There is a prescriptive easement, which typically has the same rules as adverse possession