
1.Express easements: arise with express grant or reservation of an easement; must comply with statute of frauds if for more than a
year
2.Easements by implication:
– easement from prior use by common owner: previous use must have been continuous, apparent (open and
obvious), and reasonably necessary to the dominant land’s use and enjoyment
– easement by necessity: when property landlocked; exists
even if requirements of prior use are not satisfied; but must be privity; owner of servient estate may choose location if reasonable
3.Easements by prescription: arises like title by adverse possession; four requirements: continuous use for statutory period (default
is 20 years), open and notorious use, actual use (not symbolic), and hostile use (without servient landowner’s permission)
4.Easements by estoppel: created where detrimental reliance based on permission by servient estate holders; there must be reasonable
reliance on the continued performance and inducement for that reliance; reliance must be in good faith; to prevent unjust enrichment
5.Public easements and dedication: general rule is no easement can be created in favor of the public (also called an easement by
custom); dedication can be express or implied
6. Negative easements: must be expressly created by writing signed by grantor; only
recognized in four categories: light, air, support, stream water from an artificial flow
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