51-75

Question 1

Burden

Answer 1

Burden is a limitation on possesors right to use his own land due to granting benefit to another.

Question 2

Easment

Answer 2

Grant of nonpossesory interest, which allows the owner of the easment to limited use of another’s land.

Question 3

Affirmative Easment

Answer 3

Allows owner the benefit and the right to go onto servient estate.

Question 4

Negative Easment

Answer 4

Prevents the owner of servient estate from using the servient estate unlawfully.

Question 5

Servient Estate

Answer 5

Parcel of land that bears the burden of nonpossesory interest.

Question 6

Dominant Estate

Answer 6

Parcel of land that ENJOYS THE BENEFIT of nonpossesory interest on another’s land.

Question 7

Appurtenant

Answer 7

Benefit attaches to the land and passes with the land

Question 8

In Gross

Answer 8

Benefit is to holder rather than the land. Does not pass with the land.

Question 9

Easment by Grant

Answer 9

Easment created by way of written instrument.

Question 10

Easment by Necessity

Answer 10

Easment will be implied if land has no means of access except over other portion of land.

Question 11

Easment by Prescription

Answer 11

Easment created by an adverse user, with elements of adverse possession.

Question 12

License

Answer 12

License grants a person a right to go onto another’s land and is revocable at will by licensor.

Question 13

Profit (N.P.I)

Answer 13

Non possesory interest ENTITLING holder to take some resourse from another’s land.

Question 14

Exclusive Profit

Answer 14

Sole right ENTITLING holder to take a resource from another’s land.

Question 15

Covenant

Answer 15

Promise to do or not to do a certain act regarding the use of land.

Question 16

Affirmative Covenant

Answer 16

Covenant promising holder that Servient Estate will do something.

Question 17

Negative Covenant

Answer 17

Covenant promising holder that Servient Estate will not do something.

Question 18

Equitable Servitude

Answer 18

Equitable Servitude is a Covenant that equity will enforce.

Question 19

Nuisance

Answer 19

Substantial or unreasonable interference with the use and enjoyment of land.

Question 20

Private Nuisance

Answer 20

Substantial and unreasonable interferance with the private use of land and can be intentional or negligent.

Question 21

Public Nuisance

Answer 21

Substantial and unreasonable interference with use of land used by the general public.