Prop 12

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Author:
mbdavis707
ID:
302224
Filename:
Prop 12
Updated:
2015-05-06 05:16:51
Tags:
Prop 12
Folders:
Prop 12
Description:
Prop 12
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  1. Implied Easements
    • (1) by Estoppel
    • (2) by Implication
    • (3) by Prescription
  2. Implied Easement by Estoppel (when someone is estopped from revoking license)
    • (1) License-permission to enter
    • (2) Reasonable Reliance-(a) expense/improvment (b) license necessary to investment
    • (3) Knowledge of Reliance
    • Holbrook v Taylor
  3. Implied Easement by Implication
    • (1) One original owner
    • (2) Necessity at Time of Severance
    • (3) Prior-Existing Use
    •     (a) Apparent
    •     (b) Continuous AND
    •     (c) Permanent
  4. Implied Easement by Prescription
    • Same as AP.
    • Exclusive Possession-anyone can use, so long as owner doesnt block access
  5. Public Prescriptive Easements
    to avoid easement: give permission or restrict access every once in awhile
  6. Termination of Easements
    • 1) Release-Express writing by Dominant
    • 2) Merger-buy entire dominant
    • 3) Estoppel- Dominant says wont use, and servient relies on it
    • 4) Abandonment- intent to abandon, words and non-use not enough
    • 5) Prescription-block easement for statutory period (build pool on easement)

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