Thursday, April 24, 2008

Easements - Creation

Express Grant
Must be in writing and signed by holder of servient ten. unless <1 year (typically) to be outside SOF.

Express Reservation
G conveys but reserves right to continue using for special purpose

Easement implied if:

  • Prior to division of single tract,
  • An apparent and continuous use exists on servient part,
  • That is reasonably necessary for enjoyment of dominant part, and
  • Parties intended the use to continue after division of the land.

Easements implied without existing use
  • Subdivision Plat - Plat map shows streets leading to lots: buyers have implied easements to use the streets.
  • Profit a pendre

Easement by necessity
Landowner sells portion of tract, depriving one lot of access to road/utility. Servient parcel owner may locate the easement.


Think: adverse possession
  • Open and notorious
  • Adverse (w/o permission)
  • Continuous and uninterrupted
  • Statutory period

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