美国财产法Chapter 9 Private land use planning.docx

Chapter 9 Private land use planningEasementsBasic easements recognized under the modern lawExpress easementImplied easement by prior existing useEasement by necessityPrescriptive easementEasement by estoppel (or irrevocable license)Some terms:Dominant tenement or dominant land: the land benefited by the easementServient tenement or servient land: the land burdened by the easementAppurtenant easement: connected to the dominant landEasement in gross: not connected to the dominant land, personal to the holderAffirmative easement: allow the holder to perform an act on the servient land (most easements are affirmative)Negative easement: allow the holder to prevent the servient owner from performing an act on the servient landCreating easementsThe most common type of easement is the express easement which is voluntarily created by the servient owner, usually in a deed.Express easement may arise by either grant or reservation.Express easement by grant: the servient owner grants an easement to the dominant ownerExpress easement by reservation: the dominant owner grants the servient land to the servient owner, but retains or reserves an easement over the property. ( traditionally, it could be only reserved in favor of the dominant owner; most modern decisions allow this easement to be reserved in favor of a third party)Millbrook Hunt Inc. v. Smith (1998) express easementFacts: Smith’s predecessor (landlord) and Hunt (an organization) entered into an agreement which permits the Hunt to use the land for the purpose of fox hunting for a term of 75 years. After 8 years, Smith ejected members of Hunt while they were performing routine maintenance of their fox-hunting trails. Hunt claimed an easement, while Smith claimed a revocable license.Issue: whether the agreement granted an easement or a revocable licenseRule: An easement implies an interest in land ordinarily created by a grant, and is permanent in nature.A license does not imply an interest in land , but is a mere personal