Chapter 7 Review: Non-Possessory Interest and Legal Descriptions Flashcards
The right to use the land of another but not to possess it is called
non-possessory right.
An easement that involves two parcels of land is called an .
appurtenant easement
The land that benefits from an appurtenant easement is the
dominant estate or tenement
An easement that benefits a person or corporation and involves only one parcel of land is an
easement in gross
The land that provides the rights of the appurtenant easement to the dominant estate is the
servient estate or tenement
An affirmative easement allows a party to
do something that is not normally allowed
A solar easement is an example of a
negative easement
The five ways that an easement may be created are:
- Grant in deed
- Reservation in deed
- Necessity - “land lock situations”
- Prescription -aka “tacking on”
- Implication - “shared driveway or sidewalk”
The six ways that easements may be terminated are:
- Expiration
- Agreement
- Abandonment
- Destruction
- Merger
- End of purpose
An interest in land that allows the holder to excavate and remove gravel from another’s land is an example of
profit a prendre
[French, Right of taking.] The right of persons to share in the land owned by another.
The right to use flowing water is called
riparian rights.
The banks of a river may change due to the processes of
accretion and erosion
The right to use non-flowing water such as the ocean or a navigable lake is called
littoral rights
Some states require a person to obtain a permit for the use of surface water according to the
Doctrine of Prior Appropriation
The sudden loss of soil due to an earthquake is called
avulsion
