chapter 18 Flashcards
what does an easement entitle
-entitled the owner of such interest to a limited use or enjoyment of the land in which the interest exists
-entitled the owner to protection as against third persons from interference in such use or enjoyment
-is not subject to the will of the possessor of the land
-is not normal incident of the possession of any land possessed by the owner of the interest
-is capable of creation by conveyance
what does the servient tenement or estate
the land that serves the dominant estate
what does the dominant estate do
the person who benefits by the easement
define affirmative easement
holder has the right to do things on the land that the holder could not otherwise do
restatement [third] of property
define negative easement
holder can prevent the possessor of the land burdened with the easement from performing certain acts upin that land that the possessor would otherwise be able to perform
restatement [third] of porperty
what are the tour negative easements that have been traditionally recognized
(1) light ( or a view) (2) air (3) lateral support (4) the flow of an artificual stream
what is the new statute or common law approach to negative easements
states have begun to recognize new negative easements. “conservation easements” limit land development by restricting the use of land for evironmental purposes
what do “historic preservation” easements prevent
destruction or alteration of buildings that have historical or architectural significance
what is a solar easement
protect access to sunlight for solar energy panels
define appurtenant
easeemnt that attach to and benefit a particular parcel of land [the dominant estate]
automatically transfers with the dominant land
define easement in gross
easements that do not attach to and benefit a particular parcel of land, but rather are personal to the easement owner
what is the difference between profit and license
a profit is the right to take somethin off another person’s land that is part of the land/product of the land. License is permission to go on the land belonging to the licensor
what is the difference between express easement by grand and express easement by reservation
by grant arises when the serveitn owner grants an easement to the dominant owner. By reservation arises whne the dominant owner grants the servient land to to the servient owner byut retains an easement over that property
what is stranger to the deed
at common law and the majority view; an easement can be reserved only for the grantor. easement fofr 3rd party is void
minority view is an easement may be reserved in favor of a 3rd party
how do you create an express easement
-in writing
-identify the parties
-describe the servient land and the dominant land
-describe the exact location of the easement on the servient land
-state the puposes for which the easement may be used
