15.4 Flashcards
Easements are a type of ___
encumbrance
An encumbrance is a ___ interest in real property.
nonpossessory
T/F: Liens are also a type of encumbrance.
True
liens are a ____ encumbrance
Financial
Liens ____ (do or do not) directly affect the use of the property
Do not
Easements are a ____ encumbrance
Nonfinancial
____ not only encumber title but also affect use of the property.
a) liens
b) easements
Easements
___ limits owners use of his property
Restrictive covenant
____ allows someone else to use the owners property
Easement
Restrictive covenants are a ___ encumbrance
Nonfinancial
The key difference between easements and restrictive covenants is that a(n) ___ gives someone else the right to use a landowner’s property, while a(n) ____ limits how the landowner may use his own property
Easement
Restrictive covenant
____ might limit what types of additions an owner can put on his house, or even dictate what colors he can paint the house.
Restrictive covenants
profit (or profit à prendre) is a type of ___ encumbrance
Nonfinancial
A ___ gives someone the right not only to enter a property, but to take something of value from it, such as timber or minerals.
Profit
T/F: The same legal rules that apply to easements also apply to profits
True
There are two categories of easements:
1)
2)
1) appurtenant easements (aka easements appurtenant)
2) easements in gross.
The main difference between the 2 categories of easements is that ___ are tied to ownership of a particular property, while ___ are not.
appurtenant easements
easements in gross
rights that go along with ownership of real property = ____
Appertenances
right that is part of the ownership of a particular property= ____
Appurtenant easement
_____ easement encumbers, or burdens, one property for the benefit of another property.
Appurtenant
____ tenement = Land that has been affected by the easement
Dominant
____ tenement = Land that is burdened by the easement
Servient
____ = Refers to the land and all the rights that go with it
Tenement
The owner of the dominant tournament is the dominant ___
Tenant
Ingress and egress means ___ and ___
Entering
Exiting
What happens to the easement if the dominant or servient tenement is transferred to another owner (sold, given away, or inherited)?
Why?
the easement remains in place
Appurtenant easements run with the land
When the dominant or servicing tenement is transferred to a new owner, the benefit or the burden of the easement is transferred to ___
The new owner
T/F: The easement rights can’t be sold separately from the land; whoever owns the dominant tenement will also own the easement.
True
____ is an easement that benefits a person or company, instead of a property.
Easement in gross
Unlike a(n) ___, there is no dominant tenement when it comes to THIS easement, only a dominant tenant who benefits from the right to use someone else’s property.
appurtenant easement
Easement in gross
With easements in gross, even though there is no dominant tenement, There is still a burdened property, the servient tenement, which is owned by the ___ tenant.
Servient
T/F: While ownership of an easement in gross doesn’t run with the land, the burden might run with the land
True
T/F: Depending on the circumstances, if the servient tenant sold their property, the new owners might still be required to allow the dominant tenant to come and fish in the pond.
True
Whether an easement is appurtenant or in gross depends on the ___ of the parties and the __ under which the easement was created.
Intentions
Circumstances
T/F: If the easement was created by deed, the deed should make it clear whether the easement was in gross or appurtenant.
True
What are the two types of easements in gross
1) personal
2) commercial
If the easement in gross is held by a person, it is considered __.
Personal
Mr. Foster’s right to fish in the Romanos’ pond is an example of what type of easement in gross
Personal
T/F: Unlike in many states, in California, however, a personal easement in gross may be assignable, transferable, and inheritable.
True
