Property -- Easements

Front 1

Dominant Holder

Back 1

Easement holder

Front 2

Servient Holder

Back 2

servient owner (property owner subject to easement)

Front 3

Negative Easement

Back 3

Allosws the holder to PREVENT the servient owner from performing an act on the servient land. Four at Common Law: Air, Light, Artificial water cours & Lateral & Subjacent support

Front 4

Appurtenant Easement

Back 4

Easement that is intended to benefit the dominant property, not the person

Front 5

Easement in Gross

Back 5

not connected to the holder's use of land--Intended to benefit the person--its personal to the holder

Front 6

Easment by Grant

Back 6

the servient owner voluntarily grants and easemet for the benefit of the dominant owner

Front 7

Easment by Reservation

Back 7

The dominant owner grants the servient land to the servient owner

Front 8

Easment Requirements

Back 8

Must be writing (SOF)
-identifies parties
-describes the servient land and dominant land
-describes the exact location of the easement on the servient land AND
-states the purpose for which the easement may be used

Front 9

License

Back 9

an informal permission that allows the holder to use the land of another for a particular purpose. This is not classified as an interest in land and can be revoked

i. Ordinarily revocable and not subject to the statue of frauds
ii. Usually temporary in character
iii. Generally revocable

Front 10

Profit

Back 10

Right to enter the land to remove, gravle, timber, game, other natural resources

Front 11

Implied Easements

Back 11

Easements imposed as a Matter of Law W/O the owners agreement

Front 12

Types of Implied Easements

Back 12

1) Implied easement by prior existing use
2) Easement by Necessity
3) Prescriptive Easement
4) Easement by Estoppel (irrevocable easement)

Front 13

Easement by Necessity (Elements)

Back 13

1) Severance of title to land held in common ownership; AND
2) Strict necessity--generally found when owner has no legal right to access his land i.e. land is surrounded

Necessity required at the time of severance 3 dimensions
Ease, scope, frequency

Minority of courts require reasonable necessity--easement must be beneficial or convenient for the use of the dominant land, but not absolutely necessary

Front 14

Reasonable Necessity

Back 14

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

Restatement--alternative access or utilities cannot be obtained w/o a substantial expenditure of money or labor

Front 15

Implied Easement by Prior Existing Use (Elements)

Back 15

1) Severance of title held in common Ownership;
2) An existing, apparent, and continuous use of one parcel for the benefit of another at the time of severance; AND
3) Reasonable Necessity for that use.