1. Easements

2. Easements A readily identifiable stick in a bundle of property rights
Consistent with the segment theory of property, easements assign rights to parties for limited use or possession of land

3. Easements
Private
Public
By Dedication

4. Private Easements In Gross
An easement owned by an individual or corporation
A personal right that cannot be assigned or otherwise transferred
Terminates on death of individual or dissolution of corporation

5. Private Easements Appurtenant Easements
Attaches to property rather than as a right to an individual
Requires two “estates” (dominant and servient)
Dominant tenant has the right to use easement
Servient tenant is burdened by the easement
May be affirmative or negative
Affirmative gives right to dominant tenant to use and access easement
Negative restricts servient tenant’s rights in favor of the dominant tenant

6. Private Easements A B

7. Silver Spring Lakes

8. Private Easements Appurtenant Easements are transferable
Transfer of dominant tenement includes easement across servient tenement
Transfer of servient tenement includes the burden of the easement
What if dominant tenant purchases servient tenant’s land?
Easement terminates (cannot own property across one’s own land)

9. Private Easements Creation by Implication By reservation By grant
By way of necessity

10. Private Easement Creation by Reservation or Grant
Requires prior existence and use of the easement
Prior use must have been:
Apparent
Permanent
Continuous
Necessary
for enjoyment of the
property granted

11. A B

12. Private Easements By way of Necessity
No prior existence or use is required
Requirements:
Must be unity in ownership of dominant and servient estates at time of conveyance or some prior time
Easement must be necessary to access and egress property
Necessity for easement existed at time of conveyance

13. A B

14. Private Easements Easements by Estoppel
An easement granted “in good faith” (i.e., not on paper)
The grantor of an easement can be “estopped” from denying access to grantee if the easement was granted in good faith
Usually as a result of property purchase

15. Hob Nob Dispute

16. Private Easements Easement by Prescription
Works in a way similar to adverse possession
While adverse possession ripens into title of land, prescriptive rights mature into easement
Five requirements
Use must begin and continue without the actual or implied permission of landowner (must be adverse to owner of land)
Use must be open and notorious
Use must be exclusive
Use must be in same place within definite lines
Use must be continuous and interrupted

17. Private Easements Termination of Private Easements
Transfer of servient estate without notice to buyer
Operation of Law (foreclosure, etc.)
Abandonment
Failure of Condition
Merger
Expiration of Designated Term
Adverse Possession
Expiration of Purposes
Misuse
Change of Condition
Grant of Release

18. Public Easements
Right and enjoyment of easement is granted to public or community
Can be created in three manners
By dedication
By prescription
By condemnation

19. Utility Easement (example)

20. Public Easements Easement by Dedication
Transfer of interest in land in easement, but not in title to land
Voluntary transfer
Statutory dedication
Must be carried out in compliance with applicable statutes

21. Public Easements Easement by Dedication Common Law Dedication
Requires four elements
Person is competent to dedicate
Public is served by dedication
Dedication is actually offered to public
Offer of dedication must be accepted

22. Public Easements Dedications may be expressed or implied
Express dedication
Declared written or orally
Implied Dedication
Declared by affirmative actions by owner
Declared by inaction or acquiescence on owner’s part

23. Public Easements Easements by Prescription
Similar to private creation (I.e., similar to adverse possession)
Two important caveats
Public prescriptive easement must not be used strictly for pleasure or recreation
Use must be exclusive and not shared by the owner

24. Public Easements Easement by Condemnation
Public agency forcing private owner to grant easement
Must be for public purpose
Cannot condemn more land than necessary
Owner must be compensated
Owner must be afforded due process

25. Public Easements Termination of Public Easements Abandonment
passive
Vacating a dedicated plat
active