NCEES Principles and Practice of Surveying Practice Exam

Which of the following describes an easement by estoppel?

1. It is automatically created by a written agreement

2. It is established based on prior permission that leads to reliance

3. It attaches directly to the property

4. It is invalidated if the servient estate is sold

The correct answer is: It is established based on prior permission that leads to reliance

An easement by estoppel is a legal doctrine that arises when one party relies on the representations or actions of another party, which leads to the establishment of an easement even in the absence of a formal agreement. Specifically, this type of easement is established based on prior permission given by the property owner for the use of their land. When the other party reasonably relies on this permission, they may incur expenses or make improvements that would not have been made without the belief that they have the right to use the property. This reliance creates a situation where it would be unfair to allow the property owner to revoke the permission, thus leading to the establishment of an easement. The reliance must be reasonable and the actions taken must reflect the assumption that an easement exists. Essentially, it protects the interests of the party who relied on the permission and prevents the grantor from withdrawing that permission in a way that would cause harm. The nuances of why this answer is the most accurate highlight the reliance on the prior permission concept, emphasizing that the relationship and actions taken influence the creation of the easement.