Property Law

Front 1

What is an Easement?

Back 1

The right held by another to make use of another's land.

Front 2

Define an affirmative easement & a negative easement

Back 2

Affirmative easement gives the holder the right to do something on someone else's property.

Negative easement gives the holder the right to prevent someone from doing something on their land.

Front 3

What are the 2 ways you can create an easement?

Back 3

Express or implied.

Front 4

Express Easements

Back 4

1. Subject to the SOF

2. Created by a grant

3. Can be created by reservation during land conveyance.

4. Subject to recording statutes

**Note: Negative easements must be express.

Front 5

What are the 4 implied easements?

Back 5

1. Necessity

2. Implication

3. Prescription

4. Estoppel

Front 6

Implied easements

Back 6

Arise out of factual circumstances; not subject to SOF or recording statutes unless the subsequent purchaser had notice of the easement.

Front 7

Easement by Necessity

Back 7

Created only when the property is useless without the easement.

Elements:

1. Common ownership before severance

2. Necessity arose at time of severance

3. "Necessity" in the strict sense- not enough to just be inconvenienced

** Easements by necessity terminate when they are no longer necessary. .

Front 8

Easement by Implication

Back 8

1. Common Ownership at one time

2. Before division, the owner used the land as if there was an easement on it.

3. Use was continuous and apparent

4. Use is reasonably necessary to the dominant estate and enjoyment.

Front 9

Implied Easement by Prescription

Back 9

This is like an easement acquired by adverse possession.

Front 10

Easement by Estoppel

Back 10

Starts with a permissive use and then the second person relies on the promise. Finally, the person withdraws the permission.