Easements

Question 1

An easement is defined as “merely a _____ ___ ____”.

Answer 1

An easement is defined as “merely a right of way”.

Question 2

An appurtenant easement passes _____________.

Answer 2

An appurtenant easement passes automatically with the property.

Question 3

An ‘in gross’ easement is ____________ and ____________.

Answer 3

An in gross easement is personal and does not pass with the property.

Question 4

A Profit A Prende is the right to ________________________.

Answer 4

A Profit A Prende is the right to remove something of value from another’s land. (e.g., right to fish, log, harvest, etc.)

Question 5

A Covenant is ________________________.

Answer 5

A Covenant is a restriction that the rights holder takes upon his or herself, regarding how the landowner may use their property.

Question 6

An equitable servitude is ________________________ that:

1) ________ and ___________ the original parties to the promise (and their successors)
2) is ________________________

Answer 6

An equitable servitude is a promise concerning the use of land that:

(1) benefits and burdens the original parties to the promise (and their successors); and
(2) is enforceable in equity.”

Question 7

What kind of easement is attached to the holder, not the land?

Answer 7

In Gross

Question 8

What kind of easement passes with the land ?

Answer 8

Appurtenant

Question 9

_____________ grants a 1) non-possessory interest for 2) a limited time for 3) a specific purpose.

Answer 9

Easement

Question 10

What kind of easement is:

1) conveyed by explicit written and signed instrument ; and is
2) considered the best way o devise easement rights.

Answer 10

Express Easement