Easement

Is a non possessory interest in land involving a right to use the land.

(estates it's possession, here it's use)

Easement Appurtenant

Any time the easement directly benefits the use and enjoyment of a specific parcel of land, it's an easement appurtenant.

Will have a burdened and benefited property

Servient Estate vs. Dominent Estate

Easement in Gross

Occurs where there is no dominant estate b/c there is only one parcel of land involved, which is the property burdened by the easement, or the servient estate.

Ex: Utility Easement, Train tracks, etc.

Can you create an easement orally?

This creates a license to use the property, but not an easement.

What are the requirements for creating an easement?

Must be in writing

Be signed by the holder of the servient estate; and

Satisfy all deed formalities (recording statute)

When does an easement not have to be in writing?

If it's for one year or less

Implied Easement

Can occur two ways:

1. Previous use by a common grantor: must have been continuous, apparent, and reasonably necessary.

2. Absolute Right of Access Rule: if no way out and landlocked

Easement by Prescription

Like adverse possession, Use must be:

Adverse, continuous (20 years) and uninterrupted, and visible or open. 

Permission destroys hostility.