Property - Easements

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Property - Easements
2012-07-09 00:19:34
Property Easements

Property - Easements
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  1. Easement
    Non-possessory right to use the land of another for a specific purpose
  2. Appurtenent Easement
    Benefits the holder of the easment in his physical use or enjoyment of another's tract of land (dominant - benefit, servient - subject)
  3. Transferability
    Dominant land - easement goes automatically

    Servient land - Goes if notice (recorded/actual)
  4. Types of Easements

    • Presciptive
    • Implication
    • Necessity
    • Grant 
  5. Express Easement of Grant (Grant)
    Must satisfy the statute of frauds

    • In writing
    • Signed by servient lang owner
    • Have all formality of a deed
    • Talks about - scope, location, duration 
  6. Implied Easement
    Before track is divided, use exists of servient part that is reasonably necessary for the enjorment of the dominant party.

    Court Determines parties intened to continue use after division of propert

    Must be apparent and continuous

    (Is an exception to the statute of frauds) 
  7. Easement by Necessity
    • (1) Once subject to common ownership
    • (2) Landlocked
    • (3) easement necessary to access 
  8. Easement by Prescription
    Adverse Possession, but based on near use

    • Continuous
    • Notice to the true owner
    • Non-permissive
    • Does not need to be exclusive 
  9. Termination of Easement
    • Merger (buy adjoining property)
    • Release (expressly gives it up)
    • Abandonment (long period of non-use, intent to abandon)
    • Prescription (open, notorious, continous, and non permissive way for10 years by servient owner)

    May bring action for injunction
  10. Duty to Repair Easement
    Owner of servient land has no duty to make repairs, but may not interefere with performance of easement
  11. Profit a prendre
    Non posessotry interest in land, enter and take some substance.

    Exclusive or non exclusive?

    • Requires a writing signed by parties with
    • intent
    • and description

    • Appurtenent or in gross
    • Created the same way as an easement 
  12. Easement Appurtenant v. Easement in Gross
    Appurtenant - adjacent tracts of land where one is benefited and one is burdened, with the benefit passin with transfers of the benefited land)

    In Gross - Easement holder acquires right of special use in the servient tenement indepedent of his ownership or possession of any benefited land
  13. License
    A license is not an interest in land but permits the holder to go upon the land of another. It is a privilege and revocable aty will of the licensor.