Glossary of Property - Easements
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- What is an easement?
- Nonpossessory interest in land that one has the right to use another's land.
Whenever someon has a right to enter someone else's land
If a restriction on someone's land, probably a covneant or ES.
- How do you analyze an easement?
- 1. determine type
2. determine scope
3. determine if easement h/b terminated
- What types of easements are there?
- Affirmative easement - one is allowed to use the servient estate - I can use yours.
Negative - one can restrict the use of another piece of land, the servient estate - You c/n use yours. (c/n/b created by prescription)
- How c/ easements be created?
- 1. expressly - will, deed, grant, or reservation - SOF requirement
6. eminent domain
NEED PIE (nec, exp, ed, pres, impl, est)
- What is an easement appurtenant?
- easement granted to an indiv only in his status as possessor of a certain piece of land - useful to the indiv only b/c he possesses that particular piece of land.
Land possessed by indiv who holds the easement is the dominant tenement.
Land burdened is the servient estate.
MUST INVOLVE 2 PIECES OF LAND.
- What is an easement in gross?
- Benefits an indiv as opposed to a specific piece of land.
INVOLVES ONLY 1 PIECE OF LAND - SERVIENT ESTATE.
- What is a servient estate?
- Land that the holder of the easement ha the right to use - its burdened by the easement.
- When is a bfp of servient estate bound by easement?
- Only when he has notice.
- What is an express easement?
- Easement created expressly.
- What are the requirements of an implied easement?
- 1. M/h/b under common ownership before severance
2. use of one part of the land by another part m/h/b apparent
3. and continuous
4. use m/b reasonably necesary for enjoyment of dominant estate
COCANE - (Common Ownership, Continuous, Apparent, Necessary)
- Are implied easements appurtenant or in gross?
- appurtenant - considered annexed tot he land - it was transferring one of two pieces of property under common ownership that created the implied easement - easement is inextricably connected with the ownership of the land.
- What is a quasi easement?
- Before one fot he tracts is conveyed, the easement is quasi - it c/n/b a true easement b/c a person c/n/h an easement over his own land.
- What is an easement by necessity?
- Where enjoyment of one parcel of land strictly requires use of another. Requires:
1. common ownership of dominant servient estates at some time in the past
2. lasts only as long as necessity does
- What are the requirements of a prescriptive easement?
- 1. Open and notorious
3. hostile and adverse
- How can an easement be terminated?
- 1. requirement fulfilled
2. release in writing
3. merger of dominant and servient estates
5. adverse use
6. servient estate is condemned/destroyed
- What is a license?
- Personal privilege to enter upon the licensor's and - not considered an interest in land so no need for writing.
Revocable at the will of the licensor unless it is coupled with an interest or it is executed.
- How c/ a license be extinguished?
- 1. express notice by licensor
2. sale, lease or mortgage of the land by licensor
3. action of trespass against licensee
4. death or insanity of either party
5. attempted assignment of the license
6. obstruction by licensor
7. expiration of time period set for license
8. abandonment of license.
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