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Property Law CUNY Spring 2021

Emanuel v. Hernandez

This case discusses an easement by implication--an easement implied by the context in which the common owner first severed the land into separate parcels of land. 

The case also mentions an easement by necessity. This is also an easement that might arise at the time that a common owner severs land into two or more parcels. Do you see why the plantiffs cannot succeed on that ground? 

Make sure you understand the difference between these two types of easement and the different elements necessary to establish one.