Private Land Use Planning

Front 1

Easement

Back 1

an affirmative right to access another's land (permanent usage)

Types:
Express
Implied by Prior Existing Use
Easement by necessity
prescriptive

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Express Easement

Back 2

arises with the agreement of the owner whose land is burdened. created with statute of frauds
1. party sufficiently express their intent to reserve a permanent right to the land

writing which:
identifies parties
describes land
describes exact location
states purpose

millbrook "chases foxes" this was express because it was permanent set number of years.

Front 3

implied easement by prior exisiting use

Back 3

elements:
1. a severance of title to land once held in common ownership
2. an existing apparent and continuous use of one parcel for the benefit of another at the time of severance
3. a reasonable necessity for that use

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reasonable necessity

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means that alternative access or utilities cannot be obtained without a

-(restatement) substantial expenditure of money or labor
-(common law) disproportionate effort and expense

The easement must be beneficial or convenient for the use of the dominant tenement, but need not be essential

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van sandt. v royster

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sewage line runs through property. use common law approach. instead of substantial expenditure they say "disproportionate effort and expense"

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Easement by necessity

Back 6

reasonable necessity
-policy favors the productive use of the land
majorit: stricy necessity
minority: reasonably necessary

Berg adopts a mddle position "lack of reasonably practical access"

Front 7

Millbrook

Back 7

"easement agreement" which permits chasing foxes. this is an easement and not a license because they have a right to do something on the land.

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Prescriptive Easement

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the burden of proving adverse use is on the party obtaining the prescriptive easement

1. adverse
2. continuous
3. open and notorious
4. for the statutory period

stegall: failed to show it was wrongful

presume consent
-not wrong

presume adversity
-was wrong

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terminating easements

Back 9

abandonment is a present intent to relinquish the easement

purpose inconsistent with its future existence

mere nonuse is not abandonment

Presault - rails to trails