Vocab
What is the servient land/ servient tenement? Servient owner?
land burdened by easement
owner of servient tenement
T or F:
Easement in gross can be transferred
FALSE
Name popular ways to terminate easements. (7 total)
- Abandonment
- Prescription
- Condemnation
- Estoppel
- Merger
- Misuse
- Release
Name the 5 types of easements.
2) Prior existing use
3) By necessity
4) Prescriptive
5) By Estoppel
What is traditional necessity? What is modern necessity?
Trad. necessity = STRICT necessity (no other way)
Modern necessity = cannot otherwise be used without disproportionate effort or expense
What is the dominant tenement/dominant land?
Dominant holder?
land benefited by the easement
easement holder
T or F:
Appurtenant Easement's transfer when a new owner obtains servient land
TRUE
What are the elements of abandonment of an easement?
None-use + present intent to relinquish the easement OR a purpose inconsistent with its future existence
What is the difference between an easement and a license?
License is informal permission for a particular purpose; it is revocable at ANY time.
What are the elements of easement by estoppel?
(a) landowner allows another to use his land through a license;
(b) the licensee relies in good faith on the license;
(c) the landlord knows or reasonably should expect such a reliance will occur
What is an affirmative easement?
What is a negative easement?
allows holder to perform act on the servient land
allows holder to prevent the servient owner from performing an act on the servient land
T or F:
Appurtenant easements do not transfer when a new owner acquires dominant land
FALSE
Define merger.
one person obtains title to both the easement and the servient land = termination of easement
How is an express easement created? (3 ways)
1) Writing that satisfies SOF
Bonus: what is needed to satisfy the SOF?
2) By grant (deed)
3) By reservation (part of property held back in conveyance)
What is a profit? (in terms of easement terms :) )
right to enter the land of another to remove game, gravel, minerals, timber of other natural resources
What is an appurtenant easement?
benefits the holder in her use of a specific parcel of land
When can a servient owner NOT relocate an easement? (3)
(1) significantly lessens the utility of the easement
(2) increases the burdens on the easement holder or
(3) frustrates the purpose of the easement
What are the elements to terminating an easement by prescription?
(a) Open and Notorious
(b) Adverse and Hostile
(c) Continuous
(d) for the prescriptive period
What are the elements of easement by prior existing use?
(b) an existing, apparent, and continuous use of one parcel at the time of severance
(c) reasonable necessity for that use at the time of severance
What are the elements of prescriptive easement?
Hint: does not have to be exclusive but....
(a) open and notorious
(b) adverse and hostile
(c) continuous
(d) for the statutory period
Bonus: Is tacking valid to establish the necessary period?
What is a easement in gross?
Can you give an example?
easement that is NOT connected to the holder's use of any particular land ; only the holder benefits personally
Ex: non-land owner granted easement to hunt on land
Owner owns Blackacre, which borders Whiteacre. Years ago, Owner granted Neighbor “a right-of-way across Blackacre for access to Whiteacre.” Is this an easement in gross of appurtenant easement?
Owner later sold Blackacre to Purchaser. Purchaser was aware of the easement at the time of purchase. Does the neighbor keep the easement?
In the alternative, Purchaser constructed a new driveway on Blackacre and informed Buyer that the original easement path would be closed. The new route is longer and narrower but still allows access to Whiteacre. Is this an appropriate relocation?
In a separate transaction, Owner had previously granted UtilityCo “the right to place and maintain electrical lines across Blackacre.” Owner later attempted to assign that right to a private individual for residential use. Is this transferable?
1) Appurtenant easement = benefits neighbor's use of land (being able to leave their own land easily)
2) Yes - appurtenant easement's transfer when there is a new servient owner
3) Yes - it does not significantly lessen the utility of the easement, it does not significantly impact the holder, and it does not frustrate the purpose of the easement. Mere inconvenience does not negate utility/impact/purpose.
4) NO - original easement is an easement in gross!! cannot be transferred
How is the scope of the easement determined?
Bonus: What is not taken into consideration to determine scope?
By the parties' intent -->
Words of the grant + changes in manner, frequency, and intensity that DO NOT unduly burden the servient estate
Bonus: PURPOSE
What are the elements of easement by necessity?
Bonus: how long does an easement by necessity last?
(a) Severance of title to land held in common ownership
(b) necessity for the easement at the time of severance
Bonus: as long as the necessity lasts
What type of easement may be granted?
Parcel A and Parcel B were once part of a single tract owned by Seller. While Seller owned both parcels, a visible driveway ran across Parcel A to provide access to Parcel B. When Seller sold Parcel B to Buyer, the deed was silent as to access. After the sale, Buyer continued using the driveway. Parcel B has road access only through Parcel A.
Easement by prior existing use
OR
Easement by Necessity