Easement: A non-possessory right to use land in possession of another. An interest in real property triggering the statute of frauds if conveyed expressly.
Profits: Similar to easements but allow removal of resources (e.g., timber, oil, minerals).
Licenses: Informal, usually revocable permissions to use land for specific purposes, not conveying an interest in real property.
Hierarchy of Interests
Present Estates: Possessory interests like life estate, fee simple.
Easements: Non-possessory, real property interest.
Licenses: Informal permissions, revocable.
Easements
Non-possessory right to use land in another's possession.
Triggering the statute of frauds: Must be in writing if conveyed expressly.
Types of Easements
Easement Appurtenant: Benefits holder as owner of dominant land.
Easement in Gross: Personal to holder, benefits them independent of land ownership.
Express Easements
Must satisfy the statute of frauds with formal requirements:
In writing
Signed by the grantor
Identifies grantor and grantee
Words manifest intent to create an easement
Describes affected land
Oral Easements and Licenses
An oral easement typically defaults to a license.
Irrevocable Licenses: Created via detrimental reliance:
License granted (oral permissible)
Licensee spends substantial money/labor in reliance
Licensor knows or should have known about the reliance
Differences Between Easements and Licenses
Easements convey an interest in land; licenses do not.
Easements can be appurtenant or in gross, whereas licenses are personal and revocable.
Additional Concepts
Dominant Land: Land benefiting from an easement.
Servient Land: Land burdened by an easement.
Easements attach to land, while easements in gross are personal.
Conclusion
Easements, profits, and licenses are critical in understanding land use laws.
Express creation and implied situations, along with estoppel principles, define their nature and enforceability.