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Easements: Introduction

How do easements differ from estates?. Estates give possession.Easements give a limited right of use, but not possession. . Do these terms describe easements or estates?. possessory / nonpossessoryincorporeal / corporealLies in grant / lies in livery. . Why is an easement an ?incorporeal hereditament?".

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Easements: Introduction

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    2. How do easements differ from estates? Estates give possession. Easements give a limited right of use, but not possession

    3. Do these terms describe easements or estates?

    4. Why is an easement an “incorporeal hereditament?” Because it’s not possessory (corporeal), but... it can be inherited (i.e., it passes as real estate, not as personal property).

    7. Easement or estate: Why does it matter? Minerals, oil or gas ownership Air rights Use-restrictive “scope” language Exclusivity of holder’s rights Compensation if condemned Does abandonment lead to loss of ownership?

    9. The duration of an easement might be… In fee simple absolute In fee simple defeasible (”e.g., so long as a train uses the track every month”) For life For a fixed term Any other duration for which an estate can be limited

    14. Why was this an easement and not a license? Called a “lease and easement agreement” Specific term of 75 years. No right in the original lessor or Smith to terminate. But lessor had right to “relocate” the improvements and trails.

    16. What’s unique about easements in gross?

    17. Note that the Restatement does not follow this rule. Instead, it distinguishes between...

    18. If you were creating a scenic, historic, or environmental servitude, would you use an easement or a covenant?

    19. There are 4 ways of creating easements:

    20. Four ways of creating easements:

    24. Is it necessary to provide in the grant… A legal description of the servient land? A legal description of the location of the easement on the servient land? A legal description of the dominant land (if the easement is appurtenant)? Where do these descrip- tions come from?

    26. What should be stated in the grant of the easement? State that it is an easement Location (describe both the dominant land and the easement itself) Scope of use Appurtenant or in gross? If appurtenant, to what dominant land? Exclusive or nonexclusive? Duration Maintenance responsibility

    33. Does this rule follow from ease-ment law or the recording acts?

    35. Ricenbaugh v. Kraus Could this drain line have become a “prescriptive” easement? (Similar to adverse possession). What is the argument against it? Should an oral grant of an easement be deemed “permission” and hence bar a prescriptive easement?

    36. License:

    37. Easements by estoppel (from licenses):

    38. Berg v. Ting

    41. What’s wrong with the legal description? The exact location was to be determined in the future? The lots were configured so that the description of the servient land was nonsensical? There was no overall description of the servient land?

    42. What does “part performance” require? Some combination (at least two) of the following three factors...

    43. What was missing here?

    44. The end

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