Easement Flashcards
What is an easement?
An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.
The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate.
What are the different classifications of easements?
Continuous easements are those of which is or may be incessant, without the intervention of any act of man.
Discontinuous easement are those which are used at intervals and depend upon the acts of man.
Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same.
Non-apparent easement are those which show no external indication of their existence.
Positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself.
Negative easement that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist.
How are easements acquired based on classifications?
If continuous and apparent, acquired with title and prescription. All the rest is acquired through title by an instrument acknowledged before a notary public.
What are legal easements?
These are easements imposed by law which have for their object either public use or the interest of private persons.
What are the different kinds of legal easements?
(a) Easement relating to waters
(b) Easement of right of way
(c) Easement of party wall
(d) Easement of light and view
(e) Easement against nuisance
(f) Lateral and subjacent support
