EASEMENTS, PART II

Which of the following statements regarding the scope of an easement is FALSE? A The scope of an express easement is determined by the terms of the easement. B A change in the use of an express easement is not permitted. C If the terms of an express easement are ambiguous, the court looks to the intent of the original parties as to the purpose of the easement. D The scope of an implied easement can be determined by the nature of the prior use or necessity.

A change in the use of an express easement is not permitted.

Implied Easement by Prescription 1. What Is It? It's like acquiring an easement by ______________________________ possession. 2. Important Differences o Adverse possession is about possession, whereas an easement by prescription concerns ______________________________.

Adverse USE

Which of the following statements regarding termination of easements is FALSE? A A written statement by the holder of the easement to the effect that he is releasing the easement is sufficient to terminate the easement. B An easement may be terminated by non-use coupled with detrimental reliance by the holder. C An easement is terminated if the owner of the easement acquired fee title to the underlying estate. D An easement by prescription can be terminated if the easement holder fails to protect his easement against a trespasser for a statutory length of time.

An easement may be terminated by non-use coupled with detrimental reliance by the holder.

An easement by implication is created by?

An existing use on a property

Which of the following is NOT a requirement for an easement by estoppel? A Permission by the owner to use her land B Withdrawal of permission by the owner to use her land C Good faith, reasonable reliance on permission to use D Continuous use for a statutory period of time

Continuous use for a statutory period of time

Estoppel The servient owner changes position to his ______________________________ in reliance on statements or conduct of the easement holder that the easement is abandoned.

Detriment

Which of the following elements of adverse possession is NOT an element of an easement by prescription? A Exclusive B Continuous for a statutory period of time C Hostile D Open and notorious

Exclusive

Termination 1. Release o The holder of the easement ______________________________ releases it. o The release must be in ______________________________, because it is subject to the Statute of Frauds

Expressly Writing

Express Easements Determined by the terms of the easement when it was created o Ambiguous terms: If the terms are ambiguous, the court considers the ______________________________ of the original parties as to the purpose of the easement. o Changes in use: Changes in use of an easement are tested under a ______________________________ standard. Presume the parties contemplated both its current use and its future use, which means the future use of an easement must be reasonably foreseeable. o Trespass: If the use exceeds the scope, the dominant tenant is ______________________________ on the servient estate.

Intent Reasonable Tresspasser

. Merger o An easement is terminated if the owner of the easement acquires fee title to the underlying estate. o The easement ______________________________ into the title

Mergers

Implied Easements Determined by the ______________________________ of the prior use or necessity

Nature

End of Necessity An easement by necessity lasts as long as the easement is ______________________________. If it is no longer necessary, the easement ends.

Needed

Duty to Maintain • Who has the duty to maintain the property subject to an easement? The ______________________________ of the easement. • Exception: Parties can otherwise contract.

Owner

License o A revocable ______________________________ to use another's land (e.g., a ticket to a sporting event; the permission you give to a plumber to come into your house) • Remember: Easements are not revocable but licenses are revocable. • Remember: An easement binds ______________________________, whereas a license only binds the ______________________________.

Permission Successors Licensor

Implied Easement by Estoppel 1. Creation o Permission: Starts with a ______________________________ use (e.g., the first neighbor permits the second neighbor to use her land). This is a license. o Reliance: Continues when the second neighbor ______________________________ on the first neighbor's promise Reliance must be reasonable and in good faith; Look for facts where the second neighbor invested money in reliance on the first neighbor's promise (e.g., made improvements to the easement). o Permission withdrawn: Finally, the first neighbor withdraws permission. 2. Result If reliance was ______________________________ to the second neighbor, the first neighbor is estopped from withdrawing permission, in effect creating an easement.

Permissive Relies Detrimental

Distinguish an easement from two other interests: 1. Profit o Right to enter another's land and remove a specific natural ______________________________ (e.g., oil, gas, timber) o Note: Operates similarly to an easement, but profits cannot be created by ______________________________.

Resource Necessity

Watch out! Be on the lookout for fact patterns where a person has an easement to cross another's land and the holder of the easement seeks to redevelop or ______________________________ the property to add many new holders.

Subdivide

Prescription The holder fails to protect against a ______________________________ for the statutory period.

Trespasser

A revocable permission to use another's land is a/n _________.

license

Abandonment The owner acts in an affirmative way that shows a clear intent to relinquish the right. o Requires more than non-use or statements; o Usually need ______________________________ plus an act demonstrating an ______________________________ to abandon.

non-use act

The right to enter another's land and remove a specific natural resource is a/n _________.

profit