Different Types of Easements, including How They are Created and Terminated

Question 1

What is an easement appurtenant?

Answer 1

It gives a property owner a right of usage to portions of an adjoining property owned by another party

Question 2

What is a dominant tenement/dominant estate?

Answer 2

The property enjoying the usage right

Question 3

What is a servient tenenment?

Answer 3

The property containing the physical easement itself. The property must serve the easement use

Question 4

What is an easement by necessity?

Answer 4

An easement appurtenant granted by a court of law to a property owner b/c of a circumstance of necessity, most commonly the need for access to a property

Question 5

What is a party wall?

Answer 5

A common wall shared by 2 separate structures along a property boundary. A negative easement in a shared structure

Question 6

What is an easement in gross?

Answer 6

A right to use property that does not attach to the real estate

Question 7

List examples of an easement in gross

Answer 7

Utilities, railroads

Question 8

What is a personal easement in gross?

Answer 8

Not revocable or transferable. Ends pop death of easement holder

Question 9

What is a commercial easement in gross?

Answer 9

Granted to businesses. Transferable

Question 10

List the ways easements can be granted

Answer 10

By:

• voluntary grant
• court decree
• by necessity
• prescription
• eminent domain

Question 11

List the ways easements can be terminated

Answer 11

By:

• release
• merger
• abandonment
• condemnation
• change of purpose
• destruction
• non-use