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EASEMENTS (Terminate (Estoppel
Conduct or assertion by Holder
…
EASEMENTS
Types
*Either Aff or Neg, EA or EG
Negative
- Also Restrictive Covenant
- Holder refrains from activity
- Would be allowed to do so if not for E
- Ex: light or air; promise to not do on own land
Appurtenant (EA)
- Must benefit Dominant (not just profit)
- ALL subsequent Dominant's benefit
- Subsequent Servient subject unless, BP w/ no Notice
- Notice = Actual, Visible, Record
Affirmative
- Right to enter Servient & make use of
- Utilities, etc
In Gross (EG)
- Benefits Holder w/o a Dominant
- Either Personal or Commercial
- Transferable only if for Comm or Econ Purp
*Ambiguous E = EA
Create
*Land = SOF
Express Reservation
- PRESENT owner conveys land reserving E
- Maj: must be for SELF
-
Express Grant
- In WRITING & signed by Servient
- Perpetual unless specific
Prescription
- Open & Notorious = not concealed
- Adverse = w/o permission
- Continuous = periodic (tacking)
- No Prescription in Neg E
-
Terminate
Estoppel
- Conduct or assertion by Holder
- Reasonable reliance by Servient
- Change of position
Prescription
- Servient must interfere with the E
- Open, Notorious, Continuous, NonPermissive, Period
Abandonment
- Extinguishes ALL E if Holders physical actions intend to PERMANENTLY abandon
- Verbal AND long-term nonuse
Necessity
- Expire as soon as necessity ends
Release
- Agreement of both owners
- Executed with creation formalities
- EA & EG = conveying to Servient
- SOF = no VERBAL release
-
Unity of Ownership
- Combine Serv & Dom = Termination
- Serv MUST be equal or greater than Dom
- No revival
-
-
Licenses
- Cannot be assigned (personal)
- Terminated by formal/verbal/etc
- Breach of contract = Damages
- Essentially an oral SOF but may be ESTOPPED if substantial invest (Irrev)
- Licensed to enter when coupled w/ interest (Irrev)
- Right to remove stuff when tenancy ends (Irrev)
- Future interest holder enters to check for waste (Irrev)
Profits
- Created same as E
- Appurtenant follows Dominant & Gross = assign
- Exclusive = Transferees v. Nonexclusive = not divisible
- Terminated same as E
- Misuse = Surcharge = Auto Extinguish