(Ch. 7) Vocab (Easements, Restrictions)

Question 1

The relinquishment of all rights and title to a property with no intention of reclaiming ownership (7-72)

Answer 1

Abandonment

Question 2

One whose property is contiguous or next to (7-73)

Answer 2

Adjoining Owner

Question 3

One in which the owner of the dominant premises can use the servient premises (7-71)

Answer 3

Affirmative Easement

Question 4

A right, privilege or interest which one party has in the land of another.

Answer 4

Easement

Question 5

An estate attached to and benefiting from the servient estate, e.g., an easement runs over the servient estate and serves the dominant estate’ also called the “dominant tenant”

Answer 5

Dominant Estate

Question 6

An easement that is attached to runs with the land. It cannot exist apart from the particular land to which it is attached (7-72)

Answer 6

Easement Appurtenant

Question 7

An easement that does not attach to the land is usually given to a quasi-public corporation such as the electric or phone company. (7-71)

Answer 7

Easement in Gross

Question 8

A building or fixture that intrudes partly or wholly upon the property of another. (7-73)

Answer 8

Encroachment

Question 9

A claim, lien, charge or liability attached to and binding of real property which affects or limits the title thereto (12-155)

Answer 9

Encumbrance

Question 10

A personal privilege to enter the land of another for a specific purpose (7-73)

Answer 10

License

Question 11

One in which the owner of servient premises is prohibited from doing something that is otherwise lawful (building fence that blocks ocean view)

Answer 11

Negative Easement

Question 12

A common driveway used by two adjoining owners, creating an easement in favor of both (7-74)

Answer 12

Party Driveway

Question 13

A wall erected on the line between adjoining properties, which are under separate ownership, for the use of both owners.

Answer 13

Party Wall

Question 14

A plan or map of a certain piece or pieces of land (7-72)

Answer 14

Plat

Question 15

Title obtained by possession for a prescribe period; prescriptive rights (7-72)

Answer 15

Prescription

Question 16

A right retained by a grantor in conveying property (4-45)

Answer 16

Reservation

Question 17

Clause in a deed or other written instrument limiting the use to which the property may be put (7-73)

Answer 17

Restriction

Question 18

A covenant which extends beyond the original parties to an agreement and binds all subsequent parties (7-71)

Answer 18

Run with the Land

Question 19

The property encumbranced by an easement

Answer 19

Servient Estate