OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
creatinganalt
Posts: 272
Joined: Sun Mar 21, 2010 6:41 pm

OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby creatinganalt » Wed May 11, 2011 10:43 am

When an estate is divided e.g. life estate and a remainder, can an easement with the life estate bind the remainderman?

Sorry to be so late but just hit this reviewing my notes and don't know!

BlueDiamond
Posts: 953
Joined: Wed Sep 29, 2010 12:56 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby BlueDiamond » Wed May 11, 2011 10:44 am

I feel horrible for you and dont have an answer cuz I'm a 0L but heres a bump to keep you at the top of the forum posts on the homepage

creatinganalt
Posts: 272
Joined: Sun Mar 21, 2010 6:41 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby creatinganalt » Wed May 11, 2011 10:45 am

thanks lol

I actually feel fine about the rest of the exam but am doing last minute exams and don't know!!!

User avatar
kalvano
Posts: 11726
Joined: Mon Sep 07, 2009 2:24 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby kalvano » Wed May 11, 2011 10:52 am

Easements bind whoever is in possession of the property. They "run with the land".

creatinganalt
Posts: 272
Joined: Sun Mar 21, 2010 6:41 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby creatinganalt » Wed May 11, 2011 10:58 am

Sorry, just to be clear: when a present possessor creates an easement, they are bound and run with the land. But if the estate is divided, can a present possessor bind the other owner of the estate - so a future interest.

So the example is: A has a life estate in the land. B has a vested remainder in the land. A allows a prescriptive easement with their neighbor C. Is C bound by the easement? Or would C only be bound by the easement if both A and C had agreed?

amonynous_ivdinidual
Posts: 46
Joined: Wed Nov 17, 2010 8:18 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby amonynous_ivdinidual » Wed May 11, 2011 11:08 am

just an fyi, A can't "allow" a prescriptive easement. An easement by prescription is analogous to adverse possession. Easements normally must be deeded. But if an easement is created, it runs. The remainderman may be able to sue the life estate holder for waste, also.

BlueDiamond
Posts: 953
Joined: Wed Sep 29, 2010 12:56 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby BlueDiamond » Wed May 11, 2011 11:11 am

I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?

User avatar
npe
Posts: 138
Joined: Mon Jun 29, 2009 11:39 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby npe » Wed May 11, 2011 11:18 am

BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?


Unfortunately, Property never makes sense. But don't worry, it's curved and it won't make sense for anyone else either.

User avatar
Unitas
Posts: 1387
Joined: Wed Sep 02, 2009 7:03 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby Unitas » Wed May 11, 2011 11:20 am

creatinganalt wrote:When an estate is divided e.g. life estate and a remainder, can an easement with the life estate bind the remainderman?

Sorry to be so late but just hit this reviewing my notes and don't know!


The actual answer is no. Express easements made by the life estate holder CANNOT bind the person who owns the Fee Simple. The life estate holder can only give away what he has and that is a life estate so at the end of the life estate the easement will go away and prescriptive easement does not apply because it was not hostile, estoppel may if serious money was spent fixing up the easement (not sure if this would even occur as the title holder did not grant the license and didn't have a reasonable expectation that the license holder would use funds in reliance on promise) , necessity may apply if occurred at severance of at one time joint properties and necessary (depends on strictly or not and jurisdiction).

But if a Life Estate holder just offers someone an easement that easement by itself does not bind the fee simple part of the estate and ends when the life estate does.
Last edited by Unitas on Wed May 11, 2011 11:25 am, edited 2 times in total.

User avatar
nygrrrl
Posts: 4948
Joined: Wed Sep 30, 2009 1:01 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby nygrrrl » Wed May 11, 2011 11:24 am

npe wrote:
BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?


Unfortunately, Property never makes sense. But don't worry, it's curved and it won't make sense for anyone else either.

:lol: (*pounds head quietly on the table, anticipating Property final*)

Bumi
Posts: 947
Joined: Sun Jul 25, 2010 4:57 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby Bumi » Wed May 11, 2011 11:27 am

BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?


Fellow 0L here. Don't worry. I'm pretty sure they're just making up words to prank the 0Ls.

creatinganalt
Posts: 272
Joined: Sun Mar 21, 2010 6:41 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby creatinganalt » Wed May 11, 2011 11:30 am

Unitas wrote:
creatinganalt wrote:When an estate is divided e.g. life estate and a remainder, can an easement with the life estate bind the remainderman?

Sorry to be so late but just hit this reviewing my notes and don't know!


The actual answer is no. Express easements made by the life estate holder CANNOT bind the person who owns the Fee Simple. The life estate holder can only give away what he has and that is a life estate so at the end of the life estate the easement will go away and prescriptive easement does not apply because it was not hostile, estoppel may if serious money was spent fixing up the easement (not sure if this would even occur as the title holder did not grant the license and didn't have a reasonable expectation that the license holder would use funds in reliance on promise) , necessity may apply if occurred at severance of at one time joint properties and necessary (depends on strictly or not and jurisdiction).

But if a Life Estate holder just offers someone an easement that easement by itself does not bind the fee simple part of the estate and ends when the life estate does.



THANK YOU. Makes sense.

Property is a bit nuts. It just has so much doctrine.

User avatar
Unitas
Posts: 1387
Joined: Wed Sep 02, 2009 7:03 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby Unitas » Wed May 11, 2011 11:35 am

creatinganalt wrote:
Unitas wrote:
creatinganalt wrote:When an estate is divided e.g. life estate and a remainder, can an easement with the life estate bind the remainderman?

Sorry to be so late but just hit this reviewing my notes and don't know!


The actual answer is no. Express easements made by the life estate holder CANNOT bind the person who owns the Fee Simple. The life estate holder can only give away what he has and that is a life estate so at the end of the life estate the easement will go away and prescriptive easement does not apply because it was not hostile, estoppel may if serious money was spent fixing up the easement (not sure if this would even occur as the title holder did not grant the license and didn't have a reasonable expectation that the license holder would use funds in reliance on promise) , necessity may apply if occurred at severance of at one time joint properties and necessary (depends on strictly or not and jurisdiction).

But if a Life Estate holder just offers someone an easement that easement by itself does not bind the fee simple part of the estate and ends when the life estate does.



THANK YOU. Makes sense.

Property is a bit nuts. It just has so much doctrine.


Implication easement may apply too (quasi-easement). But that and necessity would've applied against the Fee Simple holder anyways. Basically the life estate had no impact.

The only debatable one is really estoppel. If you consider estoppel as just preventing the Fee Simple holder from revoking the license it would likely work, but if you look at why estoppel shouldn't apply to the Fee Simple holder as he didn't grant the license it likely wouldn't work - I have no case law on this. Policy wise though, allowing this would allow a life estate holder to extinguish most of the rights of the Fee Simple holder. Basically can offer easements to surrounding property that takes away all value of property and when they rely on it and claim estoppel the fee simple becomes impaired.

I hate property - everything about it.

User avatar
DoubleChecks
Posts: 2333
Joined: Fri Sep 25, 2009 4:35 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby DoubleChecks » Wed May 11, 2011 11:46 am

Unitas wrote:I hate property - everything about it.


haha i know what you mean, esp. when it came down to easements and servitudes. i mean, who really understands whether garrisons run with testaments of land, and whether the fee simple holder or the complicated faxer have any proverbial rights to death estate taxes that arise from malfeasance. i swear, it never made any sense to me...gl 0Ls!

Bumi
Posts: 947
Joined: Sun Jul 25, 2010 4:57 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby Bumi » Wed May 11, 2011 11:49 am

DoubleChecks wrote:
Unitas wrote:I hate property - everything about it.


haha i know what you mean, esp. when it came down to easements and servitudes. i mean, who really understands whether garrisons run with testaments of land, and whether the fee simple holder or the complicated faxer have any proverbial rights to death estate taxes that arise from malfeasance. i swear, it never made any sense to me...gl 0Ls!

Image

User avatar
npe
Posts: 138
Joined: Mon Jun 29, 2009 11:39 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby npe » Wed May 11, 2011 12:22 pm

DoubleChecks wrote:
Unitas wrote:I hate property - everything about it.


haha i know what you mean, esp. when it came down to easements and servitudes. i mean, who really understands whether garrisons run with testaments of land, and whether the fee simple holder or the complicated faxer have any proverbial rights to death estate taxes that arise from malfeasance. i swear, it never made any sense to me...gl 0Ls!


Oh shit, I didn't even notice the hidden complicated faxer issue in OP's hypo. I guess you'd have to analyze horizontal privity under the takings clause (this was the dissent in Kelo, right?). Haha, so glad I'm done with property.

PirateCap'n
Posts: 747
Joined: Wed Nov 04, 2009 5:44 pm

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby PirateCap'n » Wed May 11, 2011 1:20 pm

Bumi wrote:
BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?


Fellow 0L here. Don't worry. I'm pretty sure they're just making up words to prank the 0Ls.


We all wish were just making up this stuff..........

User avatar
mths
Posts: 1098
Joined: Tue Nov 02, 2010 11:24 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby mths » Wed May 11, 2011 2:54 pm

BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?

probably not but I wouldn't read too many of these on tls

stick to actual exam hypos

....which will also not make sense

User avatar
vanwinkle
Posts: 9740
Joined: Sun Dec 21, 2008 3:02 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby vanwinkle » Wed May 11, 2011 3:00 pm

Bumi wrote:
BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?

Fellow 0L here. Don't worry. I'm pretty sure they're just making up words to prank the 0Ls.

I loved Property and it was my highest 1L grade. But then, if you've seen me on the forums, you know that I love dismantling technical issues and generating excessively detailed 6,000-word responses to simple-sounding questions. Property is the kind of thing I enjoy, which means it should probably terrify most of you.

User avatar
kalvano
Posts: 11726
Joined: Mon Sep 07, 2009 2:24 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby kalvano » Wed May 11, 2011 3:03 pm

Easements and issue preclusion were the two things on exams that most resembled the LSAT. Just like logic games, and sketching them out made it so much easier.

User avatar
mths
Posts: 1098
Joined: Tue Nov 02, 2010 11:24 am

Re: OK SUPER CRAZY EMERGENCY... exam this afternoon - easements

Postby mths » Wed May 11, 2011 3:04 pm

vanwinkle wrote:
Bumi wrote:
BlueDiamond wrote:I've been following this as I felt bad for OP's situation..

Can someone please reassure me that these posts will make sense once I'm in law school?

Fellow 0L here. Don't worry. I'm pretty sure they're just making up words to prank the 0Ls.

I loved Property and it was my highest 1L grade. But then, if you've seen me on the forums, you know that I love dismantling technical issues and generating excessively detailed 6,000-word responses to simple-sounding questions. Property is the kind of thing I enjoy, which means it should probably terrify most of you.

Bet you could get into Harvard with this kind of talent.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 3 guests