Property MEE

Question 1

How is an easement terminated?

Answer 1

An easement is terminated if the owner of the dominant or servient estate acquires fee title to the other estate. The easement is said to merge into the title.

Question 2

What is the effect of an easement merging into the title when a dominant and servient estate are acquired by the same person in fee simple absolute.

Answer 2

The merger of property interests extinguishes the property right.

Question 3

What is an easement by implication

Answer 3

When the owner of two parcels of land previously used one parcel to benefit the other, the court may find that, upon the transfer of one parcel, the parties intended the use to continue if that use was:
1) continuous
2) apparent or known
and 3)reasonably necessary to the dominant land’s use and enjoyment

Question 4

What are the three requirements to find an easement by implication

Answer 4

1) continuous
2) apparent or known
and 3) reasonably necessary to the dominant land’s use and enjoyment