Easements 1 Pager - Easement flow chart PDF

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Easement flow chart...

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Easements -Dominant estate= benefitted by easement -Servient estate- burdened by easement Types of Easement Affirmative Easements -Use of another person’s land in a certain way. -Access to land for that limited purpose.

Prescriptive Easements Open & Notorious Use of the Servient Land Adverse Use of the Servient Land Continuous & Uninterrupted Use Exclusive Use Use For the Statutory Limitations Period

Negative Easements -Prevent otherwise permissible use of another's land. EX: No obstructing sunlight or wind. -Types of NE: light, air, view, artificial stream.

-The claimant must have used the land as if they had an easement in a way that was open an apparent to the servient owner. -Only physical use of the land can create PE not light or air. -The claimant must act as if they have they have the right to use the land not only because the owner gave permission the use is not adverse. -The use must be continuous and uninterrupted have the use has be regular and normal for the type of easement claimed rather than occasional in sporadic. -Merely objecting to the use doesn't interrupt the use nor does unsuccessfully trying to stop the use. -User acts like he really has an easement. -Acts as if it's his alone against all others. -A person must bring an action to eject a trespasser and regain possession of the land after the time period has passed they lose their right to bring a claim. -The time period generally is 5 to 20 years. -Doesn't count against the government/government owned land.

Implied Easements -Arises when: one parcel is split into two. Keeps one and gives the other to a guarantee. -Basic elements: SCONE -Before division there’s permanent & obvious use.

Appurtenant Servitude -On one part of property in favor of the other.

Continuities Necessity

-Must be apparent when divided: put someone on notice/prompt further inquiry. -Permanence. -Permanent alteration of land -Use should be regular not sporadic. -Servitude must be necessary for the fair enjoyment of the property at benefits.

Easement By Necessity -Arises when: same as implied but can arise post division of parcels. (one parcel landlocked) -Necessity must exists when property is divided. - Is terminated when the necessity ends and there is an alternative means of access. Terminating Easements -This happens when the same person acquires the dominant and servient estates: Merger Abandonment

Estoppel

Adverse Use Express Release or Agreement

the easement merges with the servient estate and dies. This is when the easement holder has: 1. Stopped using the easement 2. Clearly indicated that they intend to give up ownership. -This terminates the easement because the servant tenant has relied upon the dominant tenants conduct that indicates their intent to give up. -The servient owner must prove 3 things: 1. That the dominant tenant no longer intended to use the easement; by doing the same kind of things that indicate abandonment or verbally indicating the intention. 2. The servient tenant reasonably relied on the dominant tenant’s indications of intent. 3. The servient tenant’s reliance would cause them to suffer a material detriment if the easement were not terminated. -The servient owner can extinguish an easement on their land by adversely using it for the same period of time required for adverse possession or prescriptive easement. (Open & notorious, adverse, continuous, exclusive. etc.) - Easement holder releases easement (must be by written instrument ex. deed).

Scope of Easements -Scope of an easement governs: 1. What easement holder may do with the easement. 2. What the servient owner may do with the servient estate. Servient Owner’s Rights Easement Holder’s Rights

-May make any use of servient estate. -Limited to uses set forth in writing. Ex: fishing & boating ≠ swimming

-May not unreasonably burden use of easement. -May not make use of easement which materially diff from what the creators of the easement initially wanted.

Maintaining the Easement -Has the right/duty to maintain. Easement Holder Must: Servient Owner Must:

-May enter servient estate for this purpose. -No duty to maintain. -Refrain from unreasonably interfering with easement....