chapter 2

Question 1

Easements?

Answer 1

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.

Question 2

what are the 2 types of easements?

Answer 2

Appurtenant and In Gross

Question 3

what’s Appurtenant easement

Answer 3

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.

Question 4

what does “run with the land,” mean?

Answer 4

the automatic transfer of certain rights or encumbrances in real property when title is conveyed.

Question 5

Easement in Gross?

Answer 5

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.

Question 6

what’s personal easement in Gross?

Answer 6

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.

Question 7

what’s Commercial Easement in Gross?

Answer 7

such as utility easements, railroads rights-of-way and rights to erect billboards, are more valuable interests and are freely transferable and inheritable.

Question 8

what is grant?

Answer 8

an easement may be created by a deed in which an owner grants a specific right for another person to use the grantors land.

Question 9

what’s Reservation?

Answer 9

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

Question 10

what’s agreement

Answer 10

created by a writes contract between the parties. for example, certain water rights or driveway might be created in the agreement.

Question 11

what’s necessity?

Answer 11

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.

Question 12

what’s prescription?

Answer 12

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.

Question 13

what causes a creation of easement by prescription?

Answer 13

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)

Question 14

an example for implication?

Answer 14

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.

Question 15

what is condemnation?

Answer 15

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)

Question 16

how can you terminate an easement by release?

Answer 16

an easement can be terminated by a written release from the owner of the dominant estate to the owner of the servient estate.

Question 17

what’s termination of easement by merger?

Answer 17

if both properties come under one ownership, the easement no longer exists.

Question 18

what’s expiration of purpose?

Answer 18

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.

Question 19

what happens when an easement ends by abandonment?

Answer 19

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.

Question 20

what must an easement holder do if there’s abandonment?

Answer 20

the easement holder must show by positive action that there is no longer an intent to use it.

Question 21

what’s termination of easement by prescription?

Answer 21

the prescription easement is terminated when the holder of the servient estate prevents the easement holder from using it.

Question 22

what happens when an easement of necessity is created?

Answer 22

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.

Question 23

what is a license?

Answer 23

a license grants personal permission to use the land of another.

Question 24

does a license create an estate?

Answer 24

no

Question 25

is License transferable or inheritable?

Answer 25

no

Question 26

can a license be terminated by the owner at any time?

Answer 26

yes

Question 27

private restrictions?

Answer 27

private restrictions are limitations on the use of one’s property in order to protect the rights of others.

Question 28

who prevails? Private restrictions vs. zoning laws?

Answer 28

if there’s a conflict between the two the stricter will always prevail.

Question 29

example of private restriction

Answer 29

someone sells a land with conditions, if the building doesn’t fulfill the conditions the property goes back to the seller.

Question 30

covenants

Answer 30

is a promise made in a sales contract, lease or deed that specify how the property will or will not be used.

Question 31

what’s an injunction?

Answer 31

it’s when the court action requires to stop a prohibited use.

Question 32

what’s Laches?

Answer 32

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)

Question 33

where do you find conditions?

Answer 33

they’re found in deeds

Question 34

what happens if the condition’s aren’t being met?

Answer 34

if the condition is not being met the ownership could revert back to the original grantor.

Question 35

what’s an example for conditions?

Answer 35

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.

Question 36

what’s an Encroachment?

Answer 36

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.

Question 37

example of an encroachment?

Answer 37

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.