Ass. 20: Express Easements: Succession

Question 1

appurtenant easement

Answer 1

an easement that is attached to a dominant parcel

Question 2

easement in gross

Answer 2

an easement that merely gives the owner enjoyment of the servient estate
- no dominant estate

Question 3

commercial easement in gross

Answer 3

when the benefit of the easement is primarily economic

Question 4

non-commercial easement in gross

Answer 4

when the benefit of the easement is primarily personal

Question 5

dominant estate

Answer 5

land benefitted by an easement

Question 6

servient estate

Answer 6

land burdened by an easement

Question 7

transfer of dominant estate

Answer 7

transfer of title of dom estate automatically transfers the easement unless prior agreement to the contrary
- even if there is no mention of the easement in the transfer

Question 8

transfer of servient estate

Answer 8

generally, transfer of title of serv estate usually transfers burden of easement to transferee
- unless buyer is a BFP

Question 9

Bona Fide Purchaser

Answer 9

buyer who purchases the property for value, and has no notice (or reason to have notice) of the easement
will not be burdened by easement

Question 10

actual notice

Answer 10

purchaser is told that the land they’re about to buy is burdened by an easement

Question 11

constructive notice

Answer 11

purchaser knew or should have known about easement IF they had done their due diligence
- ex. easement deed was recorded and could have been found by title search

Question 12

inquiry notice

Answer 12

if upon reasonable inspection, a buyer would take notice of easement
- ex. if there was a visible pathway/driveway to dominant estate from servient estate and buyer never inquired into it

Question 13

transfer of commercial easements in gross

Answer 13

there is a rebuttable presumption that its assignable

Question 14

transfer of non-commercial easement in gross: older view

Answer 14

rebuttable presumption that the easement is non-assignable

Question 15

transfer of non-commercial easement in gross: modern view

Answer 15

rebuttable presumption that all easements are assignable
- unless theres a rsbl indication otherwise