Easements

Question 1

Easement

Answer 1

The grant of a nonpossessory interest in land that allows an easement holder to use another person’s land for a specific type of purpose.

Question 2

An easement is not:

Answer 2

1. A covenant
2. A license
3. A profit

Question 3

Covenant

Answer 3

Will benefit the entire neighborhood

Question 4

License

Answer 4

Does grant permission to use the land, but there is no property interest that runs with the land.
They are contracted for and revocable, generally not being recorded.

Question 5

Profit

Answer 5

Allows for the removal of something from the land (ex. timber)

Question 6

Dominant v. Servient Estate

Answer 6

The dominant estate gets the benefit (Papa) and the servient estate carries the burden of the easement (Ben).

Question 7

Easement in Gross

Answer 7

The benefits of the easement are personal to the benefited landowner.

Question 8

In an Easement in Gross, the __________ of the easement run with the land, the ___________ of the easement do not.

Answer 8

Burdens / Benefits

Question 9

What happens to the Easement in Gross rights for a benefited parcel when the property is transferred?

Answer 9

They are terminated.

Question 10

Easement Appurtenant

Answer 10

The benefits of an appurtenant run with the land.

Question 11

What happens to the Easement Appurtenant rights for a benefited parcel with the property is transferred?

Answer 11

They are automatically transferred to the new owner.

Question 12

Affirmative Easement

Answer 12

An easement that grants the holder the right to use another’s property in a certain way.
(ex. driveway easement, multiple user access to a dock on water)

Question 13

Negative Easement

Answer 13

An easement that grants the holder the right to restrict the property owner’s use of the land.
(ex. conservation easement restricting an owner’s right to build to remain for agriculture/wilderness purposes)

Question 14

Which easement is more common - Affirmative or Negative?

Answer 14

Affirmative Easement

Question 15

Public Easement

Answer 15

Gives the general public the right to use the property of another for a specific purpose.
(ex. access to a hiking trail, beaches, lakes where you may need to cross private land)

Question 16

Private Easement

Answer 16

Gives certain people the right to use the property of another for a specific purpose.

Question 17

Easements by Necessity

Answer 17

An easement created by operation of law because the easement is essential to the reasonable use of nearby property.
(ex. landlocked property where there is no other means of access)

Question 18

Prescriptive Easement

Answer 18

An easement which is established based upon a person’s historical use of the property.
(ex. pathways, tire tracks, fences, barriers, landscaping across property lines)

Question 19

For a prescriptive easement, the use must be:

Answer 19

1. open,
2. obvious,
3. continuous, and
4. without permission of the record owner (any granted permission can interrupt length of prescriptive easement use)

Question 20

Easements by Necessity and Prescriptive Easements are commonly referred to as:

Answer 20

Implied Easements

Question 21

The law governing Easements by Necessity and Prescriptive Easements is:

Answer 21

State law specific