Easement

Question 1

Easement Appurtenant

Answer 1

An easement is appurtenant when it benefits its holder in his physical use or enjoyment of his own land.

Question 2

Easement in Gross

Answer 2

An easement is in gross if it confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment of their land.

Question 3

Easement Appurtenant Transfer

Answer 3

The appurtenant easement passes automatically with transfers of
the dominant tenement, regardless of whether it is even mentioned in
the conveyance.

Question 4

Easement in Gross Transfer

Answer 4

An easement in gross is not transferable unless it is for commercial
purposes

Question 5

Easement By Necessity

Answer 5

will be implied when a landowner conveys a portion of her land with
no way out except over some part of the grantor’s remaining land.

Question 6

Easement by Prescription

Answer 6

An easement may be acquired by analogy to adverse possession. For
the elements to acquire a prescriptive easement, remember C O A H:
C: Continuous and uninterrupted use for the given statute’s period
O: Open and notorious use (that is, it’s discoverable upon inspection)
A: Actual use that need not be exclusive
H: Hostile use (meaning, use without the servient owner’s consent)

Question 7

TERMINATION

Answer 7

There are eight ways to terminate an easement. Remember END
CRAMP:
* Estoppel
* Necessity
* Destruction
* Condemnation
* Release
* Abandonment
* Merger
* Prescription