Chapter 11: easements, profits +licenses

Question 1

Easement

Answer 1

Easement is the right of one person o make limited use of the land of another(easements run w/ the land)

Question 2

Dominant Estate

Answer 2

Benefits from the easement.

Question 3

Servient Estate

Answer 3

Burdened by the Easements

Question 4

Positive Easement/Affirmative Easement

Answer 4

allows the easement owner to do affirmative acts on the land of another.

Question 5

Negative Easement

Answer 5

Is forbidding a land owner from an action his own land, through an easement, that he otherwise had the right to do.

Question 6

Easements Appurtenant

Answer 6

(has 2 parcels; Dominant estate and servient estate)
Benefits not an individual but the ESTATE ITSELF; due to the nature or locus of the estate, the easement is needed

Question 7

Easement in gross

Answer 7

which personally benefits a person(who may not own any land himself) not a dominant estate, just a servant estate

Question 8

Easement by prescription

Answer 8

Is an easement acquired through adverse possession, with one difference, it deals w/ possession instead of use

Question 9

Termination of easement

Answer 9

can’t terminate from misuse, ONLY when you cant separate prior use to misuse

Question 10

Profits

Answer 10

the right of one person to go onto the land of another and take either some part/product of the land

Question 11

Licenses

Answer 11

A revocable personal privilege to perform an act on another individuals land

Question 12

3 ways to terminate easement

Answer 12

1.)Abandonment- no longer use the easement
2.)By terms of the Easement- if an easement is given for a term of years, then the easement will expire when the term ends.
3.)Merger of the dominant + servant estate-Thus, if the owner of the dominant estate purchases the servient estate, the easement ends (and it is not revived if the owner subsequently sells the servient estate)