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12 Cards in this Set
- Front
- Back
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What is an easement? |
Non-Possessory interest in land involving a RIGHT TO USE the land |
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What are the two kinds of easements? |
1) Easement appurtenant - one parcel directly benefits another parcel (servient v. dominant estate)
2) Easement in Gross - no dominant estate |
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How is an easement created? |
1) Express easement 2) Implied easement 3) Easement by prescription |
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What are the two kinds of EXPRESS easements? |
1) Express grant
2) Express reservation Ex: when LL sells to another, reserves easement for himself |
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What are the rules about creating a valid express easement? (3) |
1) Must be in writing if for more than 1 year
2) Must be signed by the holder of the SERVIENT estate
3) Must satisfy all the DEED formalities (recording) |
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What three requirements must be met to obtain an implied easement from the previous use by a common owner/grantor? |
1) Owner's previous use was CONTINUOUS
2) Owner's previous use was APPARENT
3) Owner's use was reasonably necessary |
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What kind of easement can you get if you have no reasonable way to get off your property? |
ABSOLUTE RIGHT OF ACCESS/easement by necessity: if landlocked, owner of servient estate can CHOOSE the location of the easement as long as the choice is reasonbale |
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How do you obtain an Easement by PRESCRIPTION? |
1) Use must be ADVERSE to the true owner * No right to use. Time starts ticking as soon as you start using prop. 2) Use is CONTINUOUS and UNINTERRUPTED * seasonal use might be OK 3) Use is VISIBLE and NOTORIOUS * OR with owner's knowledge 4) Use is without owner's permission (HOSTILE) * oral permission enough to destroy hostility |
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How do you TRANSFER the BENEFIT of an Easement APPURTENANT? (3 Rules) |
1) Benefit transferred AUTOMATICALLY along with the DOMINANT estate ** doesn't matter if it's mentioned in deed
2) All who succeed to title to the dominant estate become entitled to the BENEFIT
3) Easement CANNOT be transfered/runs w/land |
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Can you TRANSFER the BENEFIT of an Easement in GROSS? |
Commercial? - Yes
Personal? - NO |
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When does the BURDEN of an easement BIND the SUBSEQUENT holder of the SERVIENT estate?
What's the exception to this rule? |
Easements are ALWAYS binding on subsequent holders of servient estates IF the subsequent holder had NOTICE.
** Constructive, actual, OR inquiry OK **
BFP NOT bound: Bona Fide Purchaser for value who takes WITHOUT NOTICE of the easement |
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In what two situations do "easements by implication" (IMPLIED easements) arise? |
1) Previous use by a common grantor/owner 2) Absolute right of access |
