Easement

Question 1

Easement

Answer 1

An easement is a right held by one person to use the land of another for a specific purpose, such as access to other property.

Question 2

will an easement run with land

Answer 2

yes, easement runs with land, meaning that when the property is sold, the rights or limitations that the property posses will transfer to the new owner.

Question 3

Can an easement be oral

Answer 3

no, Easements must be in writing

Question 4

ingress

Answer 4

which means to enter

Question 5

egress

Answer 5

which means to exit.

Question 6

appurtenant easement

Answer 6

involves two properties, owned by two different owners.

The two properties involved are called Dominant and servient.

Question 7

Servient property

Answer 7

is the one being walked on,

Question 8

Dominant Property

Answer 8

The dominant property benefits from the easement while the servient is burdened by it.

dominant one is being walked too. The servient is serving the purpose of the dominant.

Question 9

Easement in gross

Answer 9

An easement in gross involves only one property.

An example of this would be utility company who needs to cross the property but they are not trying to get to another.
In an easement in gross there is no dominant property.

So, for example, if you have an easement in gross to cross your neighbor’s land onto your land, it means that the easement is for your own personal use, and may not be a right which would be included with your land should you choose to sell your land.

Question 10

Implied easement

Answer 10

An implied easement is an unrecorded easement in favor of one owner by law when the easement is necessary, such as for light, air, or access to a land-locked parcel.

An easement by condemnation is created when the government creates an easement on a property.

Question 11

Prescriptive easement

Answer 11

A prescriptive easement is created when a party uses the land of another for a statutory period of time.

The use of the land must be open, hostile, notorious, continuous and adverse to the owner

Question 12

Termination of Easement

Answer 12

An easement can be terminated in a number of ways such as:
Merger of the two properties
Abandonment
Adverse Possession
Excessive use
Express release

If you are crossing somebody’s property and you do not have easements right you could be trespassing,

Question 13

Encroachment

Answer 13

Encroachment is a form of trespass. An encroachment is the physical intrusion of a structure or improvement on the land of another. Examples include a fence or driveway over the property line. When an encroachment occurs you may be able to sue your neighbor for trespass.

An encroachment can be found by a survey.