Property

Front 1

Appurtenant vs. In gross

Back 1

tied to land versus tied to person

Front 2

Servient vs. dominant estate

Back 2

land that is burden by easement vs. land that is benefitted by easement

Front 3

Profit

Back 3

non possessory right to take soil or natural resources from land

Front 4

Affirmative vs. negative easement

Back 4

right to do something vs. right to bar someone from doing something

Front 5

Easement terms (7)

Back 5

Appurt. vs in gross
servient vs. dominant
profit
affirmative vs. negative

Front 6

5 ways to make an easement

Back 6

by an express deed
by implication
by necessity
by adverse possession (prescription)
by estoppel

Front 7

Kinds of servitudes (5)

Back 7

easements, real covenants, and equitable servitudes... profits and licenses.

Front 8

What courts look at to determine the scope of an easement (4)

Back 8

They try to determine INTENT and reasonable expectations of the parties.

-whether granted or reserved
-amount of consideration
-prior use of land and where the easement is
-subsequent conduct of the parties.

Front 9

Location of easements (2)

Back 9

-in some juris. E's can unilaterally be moved (as long as benefits are similar)
-in maj. neither can unilaterally relocate a fixed easement

Front 10

Increase in easement (2, 2 ex)

Back 10

-unless express otherwise, both parties are assumed to contemplate a normal increase in the intensity of use of the easement.
-Ex: pipe line under land. land partitioned, pipe can serve three instead of one if it was not an unreasonable additional burden.
-a use to service land other than contemplated (intended) is a trespass
-Hayes tells us that if it's not express, any reasonably purpose as long as it doesn't add an additional burden

Front 11

Easement repairs (2)

Back 11

-dominant land owner leaves E alone
-servient land owner makes reasonable repairs and takes reas. upkeep

Front 12

easement owner property rights (3)

Back 12

-just no interference.
-if servient estate grants to another person too and it doesn't interfere, no problem
-not exclusive use right

Front 13

Termination of Easements (or not) (8)

Back 13

-Time limit expires or easement’s purpose is accomplished (necessity ended)
-By unity of title – dominant and servient tenement become owned by one person, easement is extinguished; not revived by subsequent separation
-By act of dominant owner
Release – owner of easement may release it through a written instrument
-Nonuse does not extinguish it (must be intentional)
-Abandonment – owner of easement acts in such a way as to indicate an unequivocal intent to abandon the easement; i.e. oral release, nonuse coupled with failure to maintain the easement, permitting easement to be blocked by others, substitute easement elsewhere
-Don’t confuse mere nonuse with abandonment, must have unequivocal intent to abandon
-Adverse possession blocking easement, eminent domain, foreclosure, recording acts
-Change of conditions is NOT applicable to easements
-Overuse or misuse does not terminate easement; appropriate remedy is an injunction against misuse

Front 14

Modern rule about E relocation (4) WF?

Back 14

Can move unilaterally if:
-the changes do not significantly lessen the utility of the easement
-do not increase the burdens on the owner of the easement
-do not frustrate the purpose for which the easement was created
(In rest.)
*this is ONLY for the servient estate!

Front 15

Two types of implied easements

Back 15

-Implied from prior use
-Easements by necessity

Front 16

Things to consider to determine if an easement is implied (12)

Back 16

-the terms of the conveyance
-the extent of necessity
-consideration
-if claim is made against a simultaneous conveyee
-whether reciprocal benefits result ote ht conveyor and the conveyee
-manner iw which the land was used prior to its conveyance and subs. actions taken by the parties involved
-the extent to which the prior use was known by the parties
-the result that would best meet the reas. expectations of the land owners and purchasers and arrive at results that are fair to all parties
-the ability of parties to act to avoid the confusion
-public policy considerations (economic waste and promotion of land utilization)
-the size, shape, and location of the land in question
-whether the claimant is the conveyor or the conveyee

Front 17

quasi easement or quasi dominant estate

Back 17

-when part of your own land serves another separate part.
-leads to an implied easement when the quasi dominant estate is conveyed if there are reasonable grounds to expect that the conveyance will not terminate the right.
-reasonable grounds:
-apparent (discoverable upon careful inspection of the premises)
-continuous (as opposed to occasional or temporary)
-reasonably necessary for enjoyment

Front 18

easement by necessity. Req. and stuff (5)

Back 18

-some courts say absolute necessity, other courts are more relaxed
-example: land locked road
-E only lasts as long as necessary
-req: unity before severance and necessity
-purpose: promote land use, avoid waste

Front 19

Degree of necessity points (5)

Back 19

-Epstein disregards it
-Hillside uses reas. necessity
-Ward uses strict
-Less necess. required for an implied by prior use easement
-but what's best?
-Texas has no strict necessity req. :)

Front 20

The court considers the implied easement factors at what time in the easement's life?

Back 20

at the time of SEVERANCE.