An easement can be created by implied reservation only when it is shown that there was unity of ownership between the alleged dominant and servient estates, that the easement is a necessity and not a convenience, and that the necessity existed at the time the two estates were severed; an easement by prescription can only be acquired if the use of the easement was adverse.Contiguous: Coming into contact with; adjacent.Levee:A continuous ridge used to control irrigation and prevent flooding.b.Quasi-easementi.Sewer drain case. A sewer drain that is connected to your house, although you may not be able to visibly see it, is evidence of a quasi easement. Van Sandt v. Royster1.Implied quasi-easement: Because an owner can’t have easement in his own land, a quasi-easement is implied if the owner utilizes part of his land for the benefit of another part. 2.Conveyance of quasi dominant tenement: If the owner of land,one part of which is subject to a quasi easement in favor of another part, conveys the quasi dominant tenement, an easement corresponding to such quasi easement is ordinarily regarded as thereby vested in the grantee of the land, provided, it is said, the quasi easement is of an apparent continuous and necessary character. 3.Appearance and visibility are not synonymousand the fact that a pipe, sewer, or drain may be hidden underground does not negative its character as an apparent condition, where the appliances connected with and leading to it are obvious.c.Unrecordable easements. irrev. licenses or implied easements are unrecordable and thus, subsequent bona fide purchasers end up being the parties that are hurt because he is not protected. He is not protected because the bona fide status only applies to recordable things. d.Merger: Supposing the dominant tenement and the servient tenement come into the same ownership, the easement is extinguished altogether. It will not be revived by a severance of the united title into the former dominant and servient tenements. VI.Prescriptive Easements55
a.In order for a prescriptive easement to arise, the claimant’s use must generally satisfy the elements of adverse possession—i.e., (1) open and notorious, (2) adverse and under a claim of right, and (3) continuous and uninterrupted for the statutory period. Othen v. Rosierb.Giving permission. When the landowner gives permission to be on the land, then the adverse elements are not satisfied. This may raise an issue of a “license.”c.Exclusivity. most courts require exclusive use for prescription, but it is defined differently than adverse possession: i.Exclusivity does not require a showing that only the claimant had use of the way, but that the claimant’s right to use the land does not depend upon a like right in others. Thus, a user can acquire a prescriptive easement even though the easement is also used by the servient owner
You've reached the end of your free preview.
Want to read all 69 pages?