EASEMENTS Flashcards
THE RIGHT TO USE or enjoy the property o another is called
Use
An easement which requires both dominant and a servient estate is a
easement appurtenant
In an easement appurtenant, the holder of the easement is the owner of the
Dominant Estate
In an easement appurtenant, the easement is granted b the owner of the
Servient Estate
An Easement appurtenant “runs with the land.” This means it becomes a permanent part of
the dominant estate
An easement which affects only one property is called an
Easement in gross
In an easement in gross, there is only one property involved, called the
Servient Estate.
An easement in gross held by a public utility company i called a
Commercial easement
If a property which has a personal easement in gross is sold, the easement
terminates
An easement in which two owners have an easement in half a wall on each others property is called
a Party wall easement
If an easement is created by a written agreement between a land owner and an easement holder, it is called
a Private grant
Creation of an easement by continuous, uninterrupted, hostile possession is called
Prescription
Acquisition of an easement b the government or public utility under its power of eminent domain is called
CONDEMNATION
When a landowner reserves or retains for himself an easement in a deed which conveys title to another party it is called
RESERVATION
When a seller grants an easement to prevent the buyer from becoming landlocked, it is called easement by
Necessity
acronym for 5 ways of creating an easement
POPCORN
QUITCLAIM DEED
“releases” a person’s interest in a property without stating the nature of the person’s interest or rights, and with no warranties of that person’s interest or rights in the property. A quitclaim deed neither states nor guarantees that the person relinquishing their claim to the property had valid ownership, but it does prevent that person (the grantor) from later claiming they have an interest in the property.
When an easement is terminated because the holder of the easement failed to use it, it is called termination by
Abandonment
When the need for an easement no longer exists, termination of the easement by the court is called termination by
Vacation
When the dominate and servient estates come under one ownership, it is termination of an easement by
Merger
When the end of a specified period of time for an easement is reached the easement is terminated by….
Experiation
Encroachment
An unauthorized intrusion of a building, fixture, or other improvement to real property onto the land of another.
Trespass
if an encroachment intrudes onto the land of another.
If an encroachment intrudes onto the air space above anothers land its called
Nuisance