chapter 2 Flashcards
Easements?
the right to use the land of another for a specified purpose in a specified manner. the right only constitutes an interest in the land. it does not give the easement owner an estate.
what are the 2 types of easements?
Appurtenant and In Gross
what’s Appurtenant easement
An easement which grants a right of use to one parcel of land in and on another parcel. The land over which the easement runs is the servient estate. the land benefiting from the easement is the dominant estate.
what does “run with the land,” mean?
the automatic transfer of certain rights or encumbrances in real property when title is conveyed.
Easement in Gross?
A legal right to use the land of another. it involves only one parcel of land and does not benefit any particular property. it is a personal right to use the land of another and does not necessarily run with the land
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership.
what’s personal easement in Gross?
a personal right granted to an individual to use the land of another. the right is neither transferable nor inheritable and may be terminated by the easement holder or, by death of the easement holder.
what’s Commercial Easement in Gross?
such as utility easements, railroads rights-of-way and rights to erect billboards, are more valuable interests and are freely transferable and inheritable.
what is grant?
an easement may be created by a deed in which an owner grants a specific right for another person to use the grantors land.
what’s Reservation?
an owner might sell some land but reserve an easement in the deed.
for example, the owner of 100 acres sells 75 acres but reserves the right to use the driveway to get to the remaining 25
what’s agreement
created by a writes contract between the parties. for example, certain water rights or driveway might be created in the agreement.
what’s necessity?
it’s granted to a buyer to provide the right of ingress and egress to landlocked property. No written document is required, the buyer must have the right to enter and exit from their property.
what’s prescription?
acquired through continuous use of another person’s property for a period of time prescribed by state law, usually for 10-20 years. must be open, visible and notorious, without permission from the owner.
what causes a creation of easement by prescription?
it happens when an empty lot or space of land is being used as a shortcut walkway and the owners do nothing about it for 10 to 20 yrs, it gets acquired as public use. (many other examples)
an example for implication?
if mineral rights are sold w/out granting the purchaser the right to enter the property and extract the substances, the law would assume an implied easement of reasonable access for the purpose of extraction.
what is condemnation?
under the right of eminent domain, the government can acquire an easement over privately owned land for a public purpose through condemnation.(utility comp or railroads)
since easement do have value the landowner must be paid just compensation.( what the government wants to give you)
how can you terminate an easement by release?
an easement can be terminated by a written release from the owner of the dominant estate to the owner of the servient estate.
what’s termination of easement by merger?
if both properties come under one ownership, the easement no longer exists.
what’s expiration of purpose?
when the purpose no longer exists, the easement ends.
for example, an easement granted for access to a construction site might end when the work is complete.
what happens when an easement ends by abandonment?
an easement can end when it as been abandoned but non-use is not necessarily abandonment. the holder of the easement may no longer intend to use it.
what must an easement holder do if there’s abandonment?
the easement holder must show by positive action that there is no longer an intent to use it.
what’s termination of easement by prescription?
the prescription easement is terminated when the holder of the servient estate prevents the easement holder from using it.
what happens when an easement of necessity is created?
an easement by necessity will last only as long as the necessity last.
for example, if a landlocked owner acquires access to the property by buying an adjoining tract, the easement is no longer needed.
what is a license?
a license grants personal permission to use the land of another.
does a license create an estate?
no
is License transferable or inheritable?
no
can a license be terminated by the owner at any time?
yes
private restrictions?
private restrictions are limitations on the use of one’s property in order to protect the rights of others.
who prevails? Private restrictions vs. zoning laws?
if there’s a conflict between the two the stricter will always prevail.
example of private restriction
someone sells a land with conditions, if the building doesn’t fulfill the conditions the property goes back to the seller.
covenants
is a promise made in a sales contract, lease or deed that specify how the property will or will not be used.
what’s an injunction?
it’s when the court action requires to stop a prohibited use.
what’s Laches?
it’s based on the principal that, if one has a right, it should be exercised. waiting too long might cause loss of the right. (the court won’t act on it)
where do you find conditions?
they’re found in deeds
what happens if the condition’s aren’t being met?
if the condition is not being met the ownership could revert back to the original grantor.
what’s an example for conditions?
for example, the grantor might specify in a deed that the property is to be used only for a hospital or that it may not be used for a chicken farm.
what’s an Encroachment?
it arises when an improvement, building, or other attachment illegally extends beyond the boundaries of it’s owner’s land, onto adjoining land or into adjoining air space.
example of an encroachment?
the fence or building that extends onto a neighbor’s land is basically trespassing. a tree that overhangs the neighbor’s yard is a nuisance.
