Property - Easements
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Non-possessory right to use the land of another for a specific purpose
Benefits the holder of the easment in his physical use or enjoyment of another's tract of land (dominant - benefit, servient - subject)
Dominant land - easement goes automatically
Servient land - Goes if notice (recorded/actual)
Types of Easements
Express Easement of Grant (Grant)
Must satisfy the statute of frauds
- In writing
- Signed by servient lang owner
- Have all formality of a deed
- Talks about - scope, location, duration
Before track is divided, use exists of servient part that is reasonably necessary for the enjorment of the dominant party.
Court Determines parties intened to continue use after division of propert
Must be apparent and continuous
(Is an exception to the statute of frauds)
Easement by Necessity
- (1) Once subject to common ownership
- (2) Landlocked
- (3) easement necessary to access
Easement by Prescription
Adverse Possession, but based on near use
- Notice to the true owner
- Does not need to be exclusive
Termination of Easement
- Merger (buy adjoining property)
- Release (expressly gives it up)
- Abandonment (long period of non-use, intent to abandon)
- Prescription (open, notorious, continous, and non permissive way for10 years by servient owner)
May bring action for injunction
Duty to Repair Easement
Owner of servient land has no duty to make repairs, but may not interefere with performance of easement
Profit a prendre
Non posessotry interest in land, enter and take some substance.
Exclusive or non exclusive?
- Requires a writing signed by parties with
- and description
- Appurtenent or in gross
- Created the same way as an easement
Easement Appurtenant v. Easement in Gross
Appurtenant - adjacent tracts of land where one is benefited and one is burdened, with the benefit passin with transfers of the benefited land)
In Gross - Easement holder acquires right of special use in the servient tenement indepedent of his ownership or possession of any benefited land
A license is not an interest in land but permits the holder to go upon the land of another. It is a privilege and revocable aty will of the licensor.
What would you like to do?
Home > Flashcards > Print Preview