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45 Cards in this Set

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What is the key concept with easements?
USE!
Definition of an easement
It's a non-possessory interest in land involving a right of use.
The 2 types of easements?
1. Easement appurtenant
2. Easement in gross
What's an easement appurtenant?
When the easement directly benefits the use and enjoyment of a specific piece of land.
What are the two pieces of property with an easement appurtenant?
1. The burdened property (servient estate)
2. The benefited property (dominant estate)
Definition of easement in gross
Where there is no dominant estate.
Classic example: Utility easement (power lines, railroad tracks)
CREATION OF EASEMENTS
Intro card
What are the 3 ways to create easements?
1. Express easement
2. Easement by implication
3. Easement by prescription
Express easement?
Express grant of easement to someone else, or the reservation of an easement when land is sold to another.
What are the requirements for an express easement?
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.
Easement by implication--two fact situations to look out for.
1. Previous use by a common owner
2. Absolute right of access
Previous use by common owner?
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
Absolute right of access?
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.
Easement by prescription?
Arises like title by adverse possession.
4 requirements to make out an easement by prescription?
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
The 4 issues Multistate examiners LOVE to hit on easements?
1. How to transfer them?
2. What kind of use can you make of them?
3. Who repairs them?
4. How are they terminated?
TRANSFER OF EASEMENTS
Intro Card
How to transfer the BENEFIT of the easement? If appurtenant?
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.
How to transfer benefit if an easement in gross?
Easements in gross that are commercial can always be transferred, but easements in gross that are personal cannot be transferred.
Transferring the BURDEN of the easement?
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.
USE OF EASEMENTS
Intro Card
If the easement is silent, there are 2 presumptions
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.
Easement can be used to benefit only the...?
Dominant estate, not the other property. Use to benefit the other property is excessive use; remedy is to enjoin that use.
REPAIR OF EASEMENTS
Intro card
What 3 things must the holder of an easement do?
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)
To keep an easement in repair, what is considered permissible?
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.
TERMINATION OF EASEMENTS
Intro card
What are the 6 possible situations where an easement ends for reasons outside the terms of the easement.
1. Unity of ownership or merger
2. A valid release
3. Abandonment
4. Estoppel
5. Prescription
6. End of necessity
Unity of ownership or merger?
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.
To have a valid release?
It complies with the statute of frauds and all deed formalities terminates an easement.
Abandonment?
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.
Termination by estoppel?
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.
Termination by prescription?
Owner of servient estate must stop the use of the easement and keep it stopped for the statutory period.
End of necessity?
Once the necessity that created an easement by necessity ceases to exist, so does the easement.
Is there an implied easement for light or air?
NO.
LICENSES
Intro Card
What is a license?
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.
What if licensor chooses to revoke?
Licensor may have to pay K damages for wrongful revocation, but there are no property rights.
What are the 2 situations on the exam for licenses?
1. Tickets
2. Irrevocable license
Tickets?
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).
Irrevocable license?
License plus money spent on property furthering the license.
Two rules for irrevocable license?
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.
In some jurisdictions, what is the irrevocable license called?
An easement by estoppel.
PROFITS?
A profit gives the right to go onto land and take a natural resource away (timber, coal, etc).
What goes along with a profit?
An implied easement to go on the land to get the resource to take it away.