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12 Cards in this Set
- Front
- Back
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What is an easement? |
Right to enter land |
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Profit a pendre? |
Right to enter land and take stuff |
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Negative easement |
Restrict how land is used |
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Easement appurtenant |
Easements that benefit particular pieces of land |
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Easements in gross |
Easements not tied to any particular piece of land |
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How to create an easement? |
(1) Writing (2) Estoppel (3) Implied (4) Necessity (5) Prescription |
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What is a license? |
Landowner's permission to enter property. Revocable. |
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Holbrook v. Taylor |
Easement by estoppel. Rule: if landowner gives permission to to other and other reasonably relies, then court will step in and make license irrevocable because it would be unfair to allow revocation |
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Henry v. Dalton |
Concern w. Fraud. Just get an easement, don't rely on doctrine of easement by estoppel. Argument against compensation b/c otherwise landowners won't want to give licenses in the first place. |
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Van Sandt v. Royster |
Easement by implication. Lateral sewer through subdivided property. Requires: (1) prior use (2) unified ownership (3) severed parcel necessary, not sufficient. (4) one piece of land to benefit another Necessity is important, depending on jurisdiction. |
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Othen v. Rosier |
Rosiers own two tracts of landlocked land. Easement by necessity: (1) Unity of ownership (2) Necessity (3) Necessity existed at time of severance of two estates Prescriptive easement [same requirements for adverse possession]: (1) Open and notorious (2) Continuous (3) Exclusive (4) Adverse and claim of right |
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Brown v. Voss |
P wants house to straddle parcel B&C. D puts obstructions in way of easement to limit easement. Trial court grants $1 in damages because (1) no increase in traffic (2) landlocked (3) impractical Rule: Appurtenant easement for one parcel can't get you to other parcel |
