Easements

Question 1

Easement

Answer 1

Grant of a non possessory property interest entitling holder to use of another’s land

Question 2

4 Types of Easements

Answer 2

1. Affirmative
2. Negative
3. Appurtenant
4. In gross

Question 3

Affirmative Easement

Answer 3

Right to go and do something on another’s land

Question 4

Negative easement

Answer 4

Right to prevent land owner from doing something (must be expressly created)

Question 5

Easement appurtenant

Answer 5

2 parcels
• dominant: derives benefit
• servient: bears burden

Question 6

Easement in gross

Answer 6

Holder has personal/commercial advantage unrelated to use/enjoyment

Question 7

Transfer of appurtenant easement

Answer 7

Automatic

Question 8

Transfer of easement in gross

Answer 8

Not transferable unless for commercial purpose

Question 9

4 ways to create an affirmative easement

Answer 9

PING
P- prescription (adverse possession)
I-implication (pre existing use)
N- necessity (land locked)
G- grant (generally signed in writing)

Question 10

Easement Termination

Answer 10

END CRAMP

E-estoppel (servient owner materially changed position of reliance)
N- necessity (expires)
D-destruction of servient land
C-condemnation of servient land
R-release by holder in writing
A- abandonment physical
M-merger of parcels
Prescription- by servient owner