rules of the game: Implied Easements Part 3: Quasi Easement

摘要

Readers are cautioned that they should investigate state cases dealing with the particular application of the law to determine how the law applies in their state. Many states have modified the common law that is presented here. If a surveyor fails to identify implied easements and that failure results in damages to the client, the surveyor may be subject to liability. The previous articles have introduced surveyors to two forms of implied easements that arrive byinformation found in the documents rather than express conveyance: 1) easements created by the description of a lot that references a subdivision plat and 2) easements created when the grantor's road is a boundary. Another form of implied easement is known as a quasi easement. A quasi easement is almost always appurtenant to property. In other words, once the easement is created, it attaches to one property and burdens other property, and it exists regardless of whether it is mentioned in deeds to the property or not.