Real Property

Front 1

What is the key concept with easements?

Back 1

USE!

Front 2

Definition of an easement

Back 2

It's a non-possessory interest in land involving a right of use.

Front 3

The 2 types of easements?

Back 3

1. Easement appurtenant
2. Easement in gross

Front 4

What's an easement appurtenant?

Back 4

When the easement directly benefits the use and enjoyment of a specific piece of land.

Front 5

What are the two pieces of property with an easement appurtenant?

Back 5

1. The burdened property (servient estate)
2. The benefited property (dominant estate)

Front 6

Definition of easement in gross

Back 6

Where there is no dominant estate.
Classic example: Utility easement (power lines, railroad tracks)

Front 7

CREATION OF EASEMENTS

Back 7

Intro card

Front 8

What are the 3 ways to create easements?

Back 8

1. Express easement
2. Easement by implication
3. Easement by prescription

Front 9

Express easement?

Back 9

Express grant of easement to someone else, or the reservation of an easement when land is sold to another.

Front 10

What are the requirements for an express easement?

Back 10

Since it's an interest in land, needs to comply with SOF and with all the deed formalities.
1. In writing
2. Signed by holder of servient estate
3. Executed like a deed
4. Easement of 1 year of less don't have to be in writing.

Front 11

Easement by implication--two fact situations to look out for.

Back 11

1. Previous use by a common owner
2. Absolute right of access

Front 12

Previous use by common owner?

Back 12

An implied easement exists if there is a previous use, by a common owner, and previous use is
1. continuous.
2. apparent
3. reasonably necessary

Front 13

Absolute right of access?

Back 13

An implied easement by necessity exists when property is landlocked.
The owner of the servient estate can choose the location of the easement so long as the location is a reasonable one.

Front 14

Easement by prescription?

Back 14

Arises like title by adverse possession.

Front 15

4 requirements to make out an easement by prescription?

Back 15

1. Use must be adverse to the owner
2. Use must be continuous and uninterrupted for the statutory period (seasonal use can be ok) - 20 years
3. Use must be either visible and notorious, or w/ the owner's knowledge
4. Use must be without the owner's permission

Front 16

The 4 issues Multistate examiners LOVE to hit on easements?

Back 16

1. How to transfer them?
2. What kind of use can you make of them?
3. Who repairs them?
4. How are they terminated?

Front 17

TRANSFER OF EASEMENTS

Back 17

Intro Card

Front 18

How to transfer the BENEFIT of the easement? If appurtenant?

Back 18

It goes automatically along with the dominant estate, whether it is mentioned or not in the conveyance, and it cannot be transferred separately from the dominant estate.

Front 19

How to transfer benefit if an easement in gross?

Back 19

Easements in gross that are commercial can always be transferred, but easements in gross that are personal cannot be transferred.

Front 20

Transferring the BURDEN of the easement?

Back 20

Easements are always binding on subsequent holders of servient estates, even if the easement is not in their deeds, providing the subsequent holder had notice of the easement.

Front 21

USE OF EASEMENTS

Back 21

Intro Card

Front 22

If the easement is silent, there are 2 presumptions

Back 22

1. It is presumed that the easement is perpetual
2. The use presumed is that of reasonable development of the dominant estate (the kind that would've been reasonably contemplated by the parties when easement was protected.

Front 23

Easement can be used to benefit only the...?

Back 23

Dominant estate, not the other property. Use to benefit the other property is excessive use; remedy is to enjoin that use.

Front 24

REPAIR OF EASEMENTS

Back 24

Intro card

Front 25

What 3 things must the holder of an easement do?

Back 25

1. Keep the easement in repair
2. Make reasonable restoration of servient estate after repairs
3. Make necessary repairs; holder of servient estate has no obligation to repair (unless easement says otherwise)

Front 26

To keep an easement in repair, what is considered permissible?

Back 26

Going on the servient estate to repair the easement, even if grant of the easement doesn't specifically provide the right to enter and repair.

Front 27

TERMINATION OF EASEMENTS

Back 27

Intro card

Front 28

What are the 6 possible situations where an easement ends for reasons outside the terms of the easement.

Back 28

1. Unity of ownership or merger
2. A valid release
3. Abandonment
4. Estoppel
5. Prescription
6. End of necessity

Front 29

Unity of ownership or merger?

Back 29

Whenever both dominant and servient estates come together in the same owner, the easement is terminated. Once this happens, it is dead and NEVER revives.

Front 30

To have a valid release?

Back 30

It complies with the statute of frauds and all deed formalities terminates an easement.

Front 31

Abandonment?

Back 31

The intent to abandon must be manifested by taking some physical act on the property itself that would show the intent to abandon.
Mere non-use, no matter how long, is not abandonment.

Front 32

Termination by estoppel?

Back 32

2 elements:
1. Must be a representation of relinqishment by the holder of the dominant estate
2. Change of position in reliance by the holder of the servient estate.

Front 33

Termination by prescription?

Back 33

Owner of servient estate must stop the use of the easement and keep it stopped for the statutory period.

Front 34

End of necessity?

Back 34

Once the necessity that created an easement by necessity ceases to exist, so does the easement.

Front 35

Is there an implied easement for light or air?

Back 35

NO.

Front 36

LICENSES

Back 36

Intro Card

Front 37

What is a license?

Back 37

A limited privilege of use, and not a property interest. It is a K right, and it is revocable at the will of the licensor.

Front 38

What if licensor chooses to revoke?

Back 38

Licensor may have to pay K damages for wrongful revocation, but there are no property rights.

Front 39

What are the 2 situations on the exam for licenses?

Back 39

1. Tickets
2. Irrevocable license

Front 40

Tickets?

Back 40

They are always licenses.
They give no in rem/property rights, only K rights
Can always be revoked (ticket holder can't force way on property, but K damages may be imposed).

Front 41

Irrevocable license?

Back 41

License plus money spent on property furthering the license.

Front 42

Two rules for irrevocable license?

Back 42

1. Anytime an easement is attempted but fails due to the SOF, there is a license
2. If money is spent on the property in furtherance of that oral license, the license becomes irrevocable and is just as good as an easement, and can be enforced under principles of estoppel.

Front 43

In some jurisdictions, what is the irrevocable license called?

Back 43

An easement by estoppel.

Front 44

PROFITS?

Back 44

A profit gives the right to go onto land and take a natural resource away (timber, coal, etc).

Front 45

What goes along with a profit?

Back 45

An implied easement to go on the land to get the resource to take it away.