1 Welcome to the International Right of Way Association’s Course 802 Legal Aspects of Easements 802-PT – Revision 1 – CAN

2 Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the day...

3 Objectives At the conclusion of the day, you will be able to... Express an understanding of the principles and practices relating to: EasementsStatutory rights of way Restrictive covenantsProfits a prendre Licences Describe the basic similarities and differences among the interests presented.

4 Housekeeping

5 Schedule (1) 8:00 - 8:30Introductions, Etc. 8:30 - 9:00Property Interests 9:00 - 9:30 Restraints to Interests in Land 9: :45Easements

6 Schedule (2) 1:00 - 2:00Easement Termination 2:00 - 2:45Scope of Use 3:00 - 3:30 Location and Width 3:30 - 4:00Negative Easements 4:00 - 4:15Review 4:15 - 5:00Examination

7 Bundle of Rights

8 Contract Rights Legal relationships but they are not interests in land.

9 Restraints Property/Contract Statutory Common Law

10 The “Rights” Path Rights Property (bundle of rights) Contract Restrictions Limitations on the Restrictions Property Statutory Common Law Licence Easement Statutory Right of Way Restrictive Covenant Profit a Prendre

11 Easement An easement is a non-possessory interest one has in the property of another for a specific purpose.

12 Dominant and Servient Tenements Dominant estate is the property benefited by the easement. Servient estate is the property burdened by the easement.

13 Easement Appurtenant is an easement for the benefit of another real estate parcel. “Runs with the land.”

14 Easement Examples AccessAvigation Building SupportConservation ConstructionDrainage EncroachmentsHighways LightNuisance Pipelines and WirelinesPlanting ScenicSight Water Rights

15 Contract or Deed A contract or deed creates an interest in property in a written document containing all the elements of a valid deed.

16 Implication Example Parcel Z Parcel Y Driveway

17 Easement Creation Contract or DeedImplication NecessityStatute ExpropriationPrescription

18 Breach Remedies Monetary Specific Performance Injunction

19 Easement Termination AbandonmentRelease Lack of NecessityMerger Use Becomes IllegalDate or Purpose Expropriation

20 Lightening Round Abandonment4 Non-use coupled with intent not to use Expiration5 At the end of a specified term or at the end of a particular use

21 Lightening Round Release1 A document that relinquishes the easement owner’s interest or conveys the interest to the servient estate

22 Lightening Round Merger6 Combining the easement interest with the fee simple interest Expropriation2 Statutory process

23 Lightening Round Lack of Necessity3 A change in circumstances that renders the easement moot Use Becomes Unlawful7 The purpose for the easement is no longer legal

24 Statutory Right of Way (1) A statutory right of way is an interest in land similar to an easement.

25 Statutory Right of Way (2) A statutory right of way does not benefit another real estate parcel.

26 Statutory Right of Way Examples AccessDrainage Eliminate NuisanceEncroachment Correction “Lines”Public Roads Telecommunication TowersWater Rights

27 Statutory Right of Way Creation Statute Contract Expropriation

28 Statutory Right of Way Termination AbandonmentAgreement Between Parties Lack of NecessityUse Becomes Unlawful Expropriation

29 Restrictive Covenant A restrictive covenant ”restricts” land use. The provisions are negative.

30 Restrictive Covenant Examples Development Schemes Light and View Use

31 Restrictive Covenant Creation Statute Contract Expropriation Prescription or Adverse Possession

32 Restrictive Covenant Termination Agreement or Release Lack of Necessity Merger Use Becomes Unlawful Expropriation

33 Profit a Prendre Profit a prendre is the right to take the products from the soil of another.

34 Profit a Prendre Examples Minerals (including gravel) Petroleum Timber or Turf Fishing and Hunting Crops

35 Profit a Prendre Creation Contract Expropriation Prescription or Adverse Possession

36 Profit a Prendre Termination Agreement of Release Merger Use Becomes Unlawful Expropriation

37 The “Rights” Path Rights Property (bundle of rights) Contract Restrictions Limitations on the Restrictions Property Statutory Common Law Licence Easement Statutory Right of Way Restrictive Covenant Profit a Prendre

38 License A license is a contractual right to do some act on the property of another.

39 License Examples Simple or Bare License Contract License License combined with an Interest

40 License Creation Orally or in writing (Formal) Agreement

41 License Termination At Will Stated in Agreement Estoppel Use Becomes Unlawful Expropriation

42 Objectives Right now, you should be able to... Express an understanding of the principles and practices relating to: EasementsStatutory rights of way Restrictive covenantsProfits a prendre Licences Describe the basic similarities and differences among the interests presented.

43 Thank you! 802-PT – Revision 1 – CAN