Prop 12

Implied Easements
- (1) by Estoppel
- (2) by Implication
- (3) by Prescription
Implied Easement by Estoppel (when someone is estopped from revoking license)
- (1) License-permission to enter
- (2) Reasonable Reliance-(a) expense/improvment (b) license necessary to investment
- (3) Knowledge of Reliance
- Holbrook v Taylor
Implied Easement by Implication
- (1) One original owner
- (2) Necessity at Time of Severance
- (3) Prior-Existing Use
- (a) Apparent
- (b) Continuous AND
- (c) Permanent
Implied Easement by Prescription
- Same as AP.
- Exclusive Possession-anyone can use, so long as owner doesnt block access
Public Prescriptive Easements

to avoid easement: give permission or restrict access every once in awhile
Termination of Easements
- 1) Release-Express writing by Dominant
- 2) Merger-buy entire dominant
- 3) Estoppel- Dominant says wont use, and servient relies on it
- 4) Abandonment- intent to abandon, words and non-use not enough
- 5) Prescription-block easement for statutory period (build pool on easement)

Author

mbdavis707

302224

Card Set

Prop 12

Description

Prop 12

Updated

2015-05-06T09:16:51Z

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