Easements and Reversions

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1. EASEMENTS IN GENERAL
Definition
Synonymous with servitude
Distinguished from license
Distinguished from profit
Restrictive covenants
Natural rights
Terminology of easements
Easements appurtenant and in gross
Determination whether easement is appurtenant or in gross
Affirmative or negative
Apparent or nonapparent
Continuous or noncontinuous
2. KINDS OF EASEMENTS
Right of way
Right of way line
Flowage easements
Private use of water
Drainage
Aerial
Avigation
Lightand air
Solar energy
Obstruction of view
Miscellaneous uses of easements
3. CREATION OF EASEMENTS
By express grant
Reservation or exception
Agreement or covenant
Implication
Estoppel
Prescription
Dedication
Eminent Domain
Extent and scope of easements
4. TERMINATION OF EASEMENTS
Expiration
Release
Merger
Abandonment
Right to abandon location
Estoppel
Prescription or adverse possession
Destruction of the servient estate
Cessation of necessity
Eminent Domain
5. REVERSION OF EASEMENTS
Highways
Flowage
Railroads
6. REVERSION AS APPLIED TO
HIGHWAYS
Discontinuance or abandonment
Procedure
Presumption of law
7. RULES FOR LOCATING AND DEFINING REVERSIONS
Basic rule
Curved street
Street intersection
Curved street intersection
Lots at an angle point in road
Lots adjoining a subdivision boundary
Marginal road
Special cases
Problem cases
Road not in right of way
Documents indefinite or not available
Summary of procedure for determining reversion rights in vacated highways
8. CASE STUDIES
Case # 1 Who owns the road?
Case #2 Who owns the land?
Case # 3 How much research is necessary?
Case #4 When is a road not a road?
Case #5 Right of way by estoppel
REFERENCES

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