123 School Work

LAW Real Property Analysis Prescribed Easements

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  I)     Do the surfers have any right to cross Mocha's property to access the beach? In this case, the surfers will attempt to establish that an easement was created that gives them the right to cross the private property to get to the beach.
  A)     Types Non-Posessory Interest:
  1)     License
  (i)     License is permission granted by the owner and is fully revocable. Even if the surfers had a license to cross mocha's land, it's not a right they can assert. So it's a non-issue here
  2)     Easement
  (i)     And easement is a non-possessory interest in land that is far more substantial than a license. The surfers will have to establish that an easement exists in order to assert rights. And easement may be created expressly, by implication, by necessity, or by prescription.
  B)     Express
  1)     The facts indicated that there was no express Easement
  2)     Not applicable
  C)     Implication
  1)     This easement is for use when there are both dominant and servient estates, and relates to the intent of the original parties.
  2)     Not applicable
  D)     Necessity
  1)     An appurtenant easement can be created by necessity when one property is landlocked or blocked in some way. Here, there is no dominant (landlocked) estate, and only gross easements can exist...