• Right to use/limit use of land for a specific purpose without transferring property rights
• aka incorporeal herediatment

• An easement that can be revoked at will

• An easement that gives a party the right to remove natural resources from another's property

• The party with the benefit of the easement

• The party with the burdened property

• An easement that is gained through adverse use
• Like Adverse Possession, but get Easement instead of FSA and requires less time
• Elements: Claim of Right, hostile, Actual, Open & Notorious, and Continuous use

Brocco v. Mileo

Brocco's have been using road across Mileo property for 40 years without permission.  Can Mileo's block access?

• Court held no
• Claim of right/hostile use - no permission
• Actual use - physically used road
• Open & Notorious - a reasonable owner would know if someone was using road
• Continuous - for 40 years

• Dominant party gains specific privilege to trespass or nuisance
• Servient party gives up right to sue

• The Servient party gives up right to use land in a specific manner
• Limited to light, air, view, lateral support, and benefit of stream

Requires:

• Original parties Intend easement to run with the land

• A permanent that always runs with the land, even if intent is not clear
• i.e. Sewers, Roads, etc.

Personal easement that runs with the person, not the land

An Easement placed on historical properties requiring the owners to properly maintain the site

An implied affirmative easement

Elements

• Common Ownership
• Quasi-Easement at Severance
• Necessity

At one time, the dominant and servient properties were owned by the same person

Not having the easement would cause the dominant state to be unable to enjoy property

Orteo v. Pacho

Common owner built a house on lot 4 and a house on lot 5, using a sewer line across lot 4 for both.  Current owner of lot 4 sues to prevent current owner of lot 5 from continuing to use sewer.  Is this an Easement by Implication?

Yes.

• Common owner
• Sewer line in use before severance
• Sewer line is a necessity for enjoyment

Common owner sells servient party and keeps easement without notification.

Courts don't really like this because of lack of notification, so must show an increased Necessity.

Common owner sells dominant party without granting easement in the deed

The servient party can not build anything that would obstruct view of dominant party

Not really liked in US pro-dominant society

A permanent easement that can never be given up; lies dormant when not in use

Elements:

• Common Ownership
• Necessity