Real Property · Lesson 04
Easements
這一課問的是：原告對被告之土地是否享有 easement（地役權）？若有 — 如何成立？範圍是什麼？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. Does P hold a valid easement over D's land — and if so, how was it created and what is its scope?
這一課問的是：原告對被告之土地是否享有 easement（地役權）？若有 — 如何成立？範圍是什麼？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
easement
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Non-possessory right to use another's land for a specified purpose.
地役權。
easement appurtenant
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Benefits a particular parcel (the dominant tenement); runs with the land.
附屬地役權。
easement in gross
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Benefits a person/entity, not a parcel.
附人地役權。
easement by express grant
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Created by deed satisfying the SOF.
明示地役權。
easement by implication
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Implied from prior, apparent, continuous use of land before severance.
默示地役權。
easement by necessity
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Required where conveyance landlocks the parcel.
必要地役權。
easement by prescription
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Adverse use for the statutory period; mirror of adverse possession.
時效地役權。
Issue · what this lesson is really about
Does P hold a valid easement over D's land — and if so, how was it created and what is its scope?
這一課問的是：原告對被告之土地是否享有 easement（地役權）？若有 — 如何成立？範圍是什麼？
Trigger words & phrases that should flag this issue:
right of waydrivewaypipeacross the landalways usedsole access
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Identify type | P claims an easement appurtenant to her parcel. | P 主張附屬於其地之地役權。 |
| Apply express | An express easement requires a writing satisfying the SOF. | 明示地役權須符 SOF 書面。 |
| Apply implication | Use existed before severance, was apparent, and is reasonably necessary. | 分割前已存在、可見且合理必要 → 默示。 |
| Apply necessity | The conveyance landlocked the dominant parcel; necessity is strict. | 授予使主地塊封閉 → 必要地役權。 |
| Apply prescription | Use was open, notorious, continuous, and adverse for the statutory period. | 公然、連續、敵意 + 期間 → 時效地役權。 |
| State scope | The easement permits ordinary residential ingress and egress only. | 僅允許住宅性出入。 |
Rule Sentence · the workhorse
An easement is a non-possessory right to use another's land for a specified purpose; it may arise by express grant, implication, necessity, or prescription, and its scope is fixed by its source.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人the dominant tenant主地塊持有人
Act 行為using the servient land使用役地
Object 對象another's parcel他人土地
Standard 法律標準express · implication · necessity · prescription明示 / 默示 / 必要 / 時效
Consequence 後果right to use within scope於範圍內之使用權
Casebook Snapshot · a real American case
Van Sandt v. Royster
Holding. An easement by implication arises where, prior to severance of a tract, the owner used part of the land for the benefit of another part in a way that was apparent, continuous, and reasonably necessary for the enjoyment of the dominant parcel. A buried sewer line apparent on inspection of the basements counted as "apparent" — purchasers had inquiry notice.
Why it matters. Pre-existing physical arrangements can ripen into easements at severance even if the deed says nothing.
分割時已存在之明顯連續使用可形成默示地役權。
Common Mistakes · what trips students
✗ easement 必須是 express grant 才有效。
✓ Easements arise by implication, necessity, or prescription too.
可由默示、必要、時效成立。
✗ 「easement 」與「license」是同義詞。
✓ License is revocable; easement is a property interest.
License 可撤；easement 為產權。
✗ Necessity easement 在原契約消失後仍存在。
✓ Necessity easement ends when necessity ends.
必要消滅，地役權消滅。
✗ dominant 地主可隨意擴張使用。
✓ Scope is fixed by original grant or use.
範圍受原授予或原使用限制。
Mini IRAC · build the Application
Issue. Does P hold an easement by necessity over D's parcel when O sold P's lot to P after severing it from a larger tract, leaving P's parcel with no road access except through D's parcel?
Rule. An easement by necessity arises when a common owner severs a parcel in a way that leaves the conveyed land with no practicable access except over the retained or other conveyed land.
Application (model). O once owned a single tract; O severed the tract by selling the rear half to P, leaving P's lot landlocked except by crossing D's front half. Because an easement by necessity arises automatically where severance leaves a parcel landlocked, the fact that P's lot has no other access and D's lot was once part of the same common ownership means the elements of unity of ownership before severance and strict necessity afterward are both satisfied.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P holds an easement by necessity over D's parcel.
MBE Check · multiple choice
P openly used a path across D's land for 22 years to reach a fishing pond, never asking permission. D never objected. The prescription period is 20 years. Which best describes what P obtained?
Mini Essay · write the Application paragraph
Facts. O owned a 10-acre lot and used a gravel driveway across the western half to reach the eastern half, where his house stood. In 2018 O sold the eastern half (with the house) to P; the deed said nothing about a driveway. In 2019 O sold the western half to D, who put up a gate blocking the driveway. P sues for the right to keep using the driveway.
Call. Does P have an easement over D's land?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: