Property Easements

Front 1

easement

Back 1

an easement holder has the right o use anther tract of land for a specula purpose but not right to possess or enjoy that land. An easement is presumed to be perpetual duration unless the grant specifically limites the interest.

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Affirmative

Back 2

which means that the holder is entitled to make affirmative use of the land

Front 3

negative

Back 3

an easement entitle the holder to comple the possessor of the servant tenement o refrain form engaging in active on the servant estate.
only recognized for light air and for supper and flow of artificial stareatm. NEgative easement are simply restrictive covenant modernly

Front 4

easement Appurtenant

Back 4

when it benefits the holder in his physical use or enjoyment of another tract of land. Thsu, for an easement to be appurtenant there must be two tracts of land a dominant tenement the estate benefited and servant tenement subject to easement right. An easement ap. passes with the transfer of the benefited land regardless of notice in the conveyance. The burden of the easement also passes automatically with the servant setae unless it is BFP with not notice.

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Easement in Gross

Back 5

the holder of an easement in gross acquires a aright os use servant tenement independent of his possession of another tract of land. AN easement in gross for the older person please is not transferable but one that serves a economic or commercial invest is tranfereable.

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Methods of creation of an easement express

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express grant - must be writing and signed by the holder of servant tenement unless its duration is brief enough to be outside the coverage of particular states SOF.
excess by reservation - arises when grater conveys title to land but reserves the right to continues to use the tract for special purpose

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Easement by Implication existing use

Back 7

it is an exception of to SOF
implied form existing rule
an easement is implied
a. prior to division of singe tract
b. apparent and continues use exist on the srvient party
c.that is reasonably necessary for the enjoyment of the dominant part

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easement by implied with our existing use

Back 8

only in two situation
a. subdivion plat - when lots are sold in subdivision with referent to recorded plat or map that shows streets leading to lots buyer of the lot have pled easement to use the street to access their lots
b. profit a prendre - the holder of the profit a prendre has been implied easement to pass over the surface and to use it as reasonably necessary to extract the product/

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easement by necessity

Back 9

an easement by necessity arises when landowner sells a portion of his that and by this division deprives one lot of access to a public road or utility line. The owner of the servant parcel has thright to locate the easement.

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Prescription

Back 10

acquiring an easement by prescription is analogous to acquiring property by adverse possession to acquire a prescriptive easement the use must be:
open and notorious
adverse
continues and uninterrupted
statutory period

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Scope

Back 11

in absence of specify limitation in the grant court assumes that the easement was intended to meet both present and future needs of the dominant tenement. If however,r the dominate npercel is subdivided the lot owners will not succeed to easement if to do so would unreasonable overburden the servant setae.

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Use of SErvient Estate - Repairs

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the servant owner generally may use her land in any way she wishes as long as her conduct does not interfere with performance of the easement. The easement holder has the duty to make repairs to easement if he is the some used. but if both parties are using tehasement the court will apportion the repair cost.

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Termination of Easement STated Conditions

Back 13

The original easement can state under what terms the easement can be terminated.

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TE with release

Back 14

tan easement can be terminated by deed of release from the owner of the easement to th downer of servant tenement

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TE abandonment

Back 15

an easement is extinguished when its holder demonstrated by physical action an intent to presently abandon the easement. Merely expression a wish to abandon does not extinguish the easement: neither rdoes mere nonuse. However, oral expression combined with long period of nonuse maybe sufficient

Front 16

TE estoppel

Back 16

oral expression of an intent to abandon do snot terminate and easement unelss committed to writing or accompanied b action. but if the owner of the srvietn setae changes his position in reasonable reliance on the representations made or conduct by the owner of the easement the easement terminates estapesl

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PRescription

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to terminate an easelemtn by prescription there must be adverse continues interruption of the use for the prescriptive period.

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Necessity

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easement created by necessity expire as soon as necessity end

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Condmentation of servient easement / and destruction

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Condmentation of servient easement extinguished all easement. Court are split where easement holder is entitled to compensation. Involuntary destruction of a structure in which there is an easement extinguishes the easement. voluptuary destruction of such structure does not.