NCEES Principles and Practice of Surveying Practice Exam

What is one of the primary functions of easements by estoppel?

1. To require compensation for the servient estate

2. To establish rights based on reliance on previous use

3. To protect property rights in case of adverse possession

4. To provide benefits without restrictions

The correct answer is: To establish rights based on reliance on previous use

One of the primary functions of easements by estoppel is indeed to establish rights based on reliance on previous use. This legal doctrine arises when a property owner allows a person or entity to use their land in a way that leads the user to reasonably rely on that use, often to their detriment. If the property owner later tries to revoke that permission, the law may recognize an easement by estoppel to protect the user’s rights, reflecting the understanding that it would be unjust to allow the owner to withdraw their consent after the user has relied on it and possibly made significant investments. In practical terms, this means that if someone has been using a portion of property for a specific purpose with the tacit approval of the owner, and they have invested time or resources into that use, the person may have the right to continue that use even if no formal easement has been granted. This ensures fairness and supports the principle of protecting reasonable reliance on the actions of others in property use.