300
PING (the Types of Easements) what an easement is and how they are created
DAILY DOUBLE
What is Prescription, Implication, Necessity, Grant
An Easement is the non possessory property interest that confers a right to use another's land.
Appurtenant - IT TAKES TWO
In Gross - Personal to that person unless it is commercial
Prescription - COAH - continuous for the statutory period, Open and Notorious - owner knows or should know of the use, Actual - you actually use it and it need not be exclusive use, and Hostile - without the owner's permission
Implication - based on prior use by a common grantor in land subsequently divided into multiple lots. Easement exists prior to division of single tract of land, common grantor's use is continuous and apparent, use is reasonably necessary for the enjoyment of the dominant tenement, parties intended the use to continue after division of land.
Necessity - arises if access to or from property is impossible without an easement - usually arises when landowner sells a portion of land and deprives lot owner of access to public road or utility NOTE - owner can pick location of easement. and it expires when no longer necessary
Grant - easement expressly created by grant or reservation. Writing, signed by servient estate holder. satisfies deed formalities (lawfully executed and delivered)