Real Property -- Easements**

Front 1

Easements

Back 1

Non-possessory interest in land involving right to use the land

Front 2

Easements Appurtenant

Back 2

If easement directly benefits use and enjoyment of a land

Dominant estate -- estate benefited

Servient estate - estate burdened

Front 3

Easements in Gross

Back 3

No estate benefited, just burdened

Front 4

Easement Creation
Express
(3)

Back 4

1) Must be in writing to comply with SOF
2) Signed by holder of servient estate
3) Must satisfy all deed formalities

(Easements of a year or less do not have to be in writing)

Front 5

Easement Creation
Implied
(2) Situations

Back 5

1) Based on previous use by a common grantor
2) Right of access rule

Front 6

Easement Creation
Implied

Use by a common grantor
(4)

Back 6

1) Previous use by a common owner; previous use that was
2) Apparent
3) Continuous
4) R/S necessary

Front 7

Easement Creation
Implied

Absolute Right of Access Rule

Back 7

If previous owner left totally landlocked after giving effect to coveyance

Front 8

Easement by Prescription
(like adverse possession)

(4) Requirements

Back 8

1) Use hostile to true owner
2) Use must be continuous and uninterrupted for statutory period (seasonal use may satisfy)
3) visible and notorious OR with owner's knowledge
4) without owner's permission

Front 9

Easements
Transfer of Benefits of
Easement Appurtenant

Back 9

Transfered automatically with dominant estate
(regardless of whether or not mentioned in deed)

Front 10

Easements
Transfer of Benefits of
Easement in Gross

Back 10

Commercial -- Always Transferable

Personal - Never Transferable

Front 11

Easements
Scope of Use

Back 11

Specific term of easement control use

When easement silent:
1) Easements presumed perpetual
2) Use presumed = r/s to development of dom estate (likely contemplated by parties @ time it was granted)

Front 12

Easements
Remedy for Excessive Use

Back 12

Enjoin excessive use, not termination of easement

Front 13

Easements
Repair

Back 13

Holder of benefit of easement responsible for any necessary repairs

Holder of easement can go onto servient estate to make repair, make r/s restoration of it afterwards

Holder of servient estate has no repair obligation, UNLESS easement says otherwise

Front 14

Easements
Termination

Back 14

1) Unity of Ownership (Doctrine of Merger)
2) Deed of Release
3) Abandonment by Action (manifested by holder of dominent estate)
4) Estoppel
i. Representation
ii. Change in position
5) Prescription*
6) By necessity

Front 15

Easements for View and Sunlight

Back 15

None

Front 16

Licenses

Back 16

Contract right involving a limited privilege to use land

Revocable at all times, subject to K damages

Front 17

Tickets

Back 17

All are licenses

No property rights acquired, by right to sue for breach damages

Front 18

Irrevocable Licenses
Rules
(2)

Back 18

1) Failed attempts at oral easement = license

2) Money towards failed oral license becomes irrevocable under estoppel

Front 19

Profits

Back 19

Gives right to go onto land of another and take away natural resource; comes along with easement to go onto land to remove natural resource