Welcome to the
International Right of Way
Association’s
Course 802
Legal Aspects of
Easements
802-PT – Revision 1 – 08.25.06.CAN
1
Introductions
Who we are…
What we do…
Where we do it…
How long we’ve been doing it…
Our goals for the day...
2
Objectives
At the conclusion of the day, you will be able to...
• Express an understanding of the principles
and practices relating to:
Easements
Restrictive covenants
Licences
Statutory rights of way
Profits a prendre
• Describe the basic similarities and differences
among the interests presented.
3
Housekeeping
4
Schedule (1)
8:00 - 8:30Introductions, Etc.
8:30 - 9:00Property Interests
9:00 - 9:30
Restraints to
Interests in Land
9:30 - 11:45
Easements
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Schedule (2)
1:00 - 2:00Easement Termination
2:00 - 2:45Scope of Use
3:00 - 3:30
Location and Width
3:30 - 4:00Negative Easements
4:00 - 4:15Review
4:15 - 5:00Examination
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Bundle of Rights
7
Contract Rights
Legal relationships but they are not
interests in land.
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Restraints
Property/Contract
Statutory
Common Law
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The “Rights” Path
Rights
Property
(bundle of
rights)
Contract
Property
Statutory
Restrictions
Common Law
Easement
Limitations
on the
Restrictions
Statutory Right of
Way
Restrictive Covenant
Profit a Prendre
Limitations
on the
Restrictions
Licence
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Easement
An easement is a non-possessory
interest one has in the
property of another for a
specific purpose.
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Dominant and Servient
Tenements
Dominant estate is the property
benefited by the easement.
Servient estate is the property
burdened by the easement.
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Easement Appurtenant
Easement Appurtenant
is an easement for the
benefit of another real
estate parcel.
“Runs with the land.”
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Easement Examples
Access
Building Support
Construction
Encroachments
Light
Pipelines and Wirelines
Scenic
Water Rights
Avigation
Conservation
Drainage
Highways
Nuisance
Planting
Sight
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Contract or Deed
A contract or deed creates an interest
in property in a written document
containing all the elements of a
valid deed.
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Implication Example
Parcel Y
Driveway
Parcel Z
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Easement Creation
Contract or Deed
Implication
Necessity
Statute
Expropriation
Prescription
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Breach Remedies
Monetary
Specific Performance
Injunction
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Easement Termination
Abandonment
Release
Lack of Necessity
Merger
Use Becomes Illegal
Date or Purpose
Expropriation
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Lightening Round
Abandonment
Expiration
4 Non-use coupled
with intent not
to use
5 At the end of a
specified term
or at the end of
a particular use
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Lightening Round
Release
1 A document that
relinquishes the
easement owner’s
interest or conveys
the interest to the
servient estate
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Lightening Round
Merger
6 Combining the
easement interest
with the fee simple
interest
Expropriation 2 Statutory process
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Lightening Round
Lack of Necessity
Use Becomes
Unlawful
3 A change in
circumstances
that renders the
easement moot
7 The purpose for
the easement is
no longer legal
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Statutory Right of Way (1)
A statutory right of way is an interest
in land similar to an easement.
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Statutory Right of Way (2)
A statutory right
of way does not
benefit another
real estate parcel.
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Statutory Right of Way
Examples
Access
Drainage
Eliminate Nuisance
Encroachment
Correction
“Lines”
Public Roads
Telecommunication Towers
Water Rights
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Statutory Right of Way Creation
Statute
Contract
Expropriation
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Statutory Right of Way
Termination
Abandonment
Agreement Between
Parties
Lack of Necessity
Use Becomes
Unlawful
Expropriation
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Restrictive Covenant
A restrictive covenant ”restricts”
land use. The provisions are negative.
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Restrictive Covenant Examples
Development Schemes
Light and View
Use
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Restrictive Covenant Creation
Statute
Contract
Expropriation
Prescription or Adverse Possession
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Restrictive
Covenant Termination
Agreement or Release
Lack of Necessity
Merger
Use Becomes Unlawful
Expropriation
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Profit a Prendre
Profit a prendre is the right to take
the products from the soil of
another.
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Profit a Prendre Examples
Minerals (including gravel)
Petroleum
Timber or Turf
Fishing and Hunting
Crops
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Profit a Prendre Creation
Contract
Expropriation
Prescription or Adverse Possession
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Profit a Prendre Termination
Agreement of Release
Merger
Use Becomes Unlawful
Expropriation
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The “Rights” Path
Rights
Property
(bundle of
rights)
Contract
Property
Statutory
Restrictions
Common Law
Easement
Limitations
on the
Restrictions
Statutory Right of
Way
Restrictive Covenant
Profit a Prendre
Limitations
on the
Restrictions
Licence
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License
A license is a contractual right
to do some act on the property of
another.
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License Examples
Simple or Bare License
Contract License
License combined with an Interest
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License Creation
Orally or in writing
(Formal) Agreement
40
License Termination
At Will
Stated in Agreement
Estoppel
Use Becomes Unlawful
Expropriation
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Objectives
Right now, you should be able to...
• Express an understanding of the principles
and practices relating to:
Easements
Restrictive covenants
Licences
Statutory rights of way
Profits a prendre
• Describe the basic similarities and
differences among the interests presented.
42
Thank you!
802-PT – Revision 1 – 08.25.06.CAN
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