EASEMENTS Flashcards

1
Q

THE RIGHT TO USE or enjoy the property o another is called

A

Use

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2
Q

An easement which requires both dominant and a servient estate is a

A

easement appurtenant

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3
Q

In an easement appurtenant, the holder of the easement is the owner of the

A

Dominant Estate

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4
Q

In an easement appurtenant, the easement is granted b the owner of the

A

Servient Estate

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5
Q

An Easement appurtenant “runs with the land.” This means it becomes a permanent part of

A

the dominant estate

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6
Q

An easement which affects only one property is called an

A

Easement in gross

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7
Q

In an easement in gross, there is only one property involved, called the

A

Servient Estate.

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8
Q

An easement in gross held by a public utility company i called a

A

Commercial easement

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9
Q

If a property which has a personal easement in gross is sold, the easement

A

terminates

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10
Q

An easement in which two owners have an easement in half a wall on each others property is called

A

a Party wall easement

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11
Q

If an easement is created by a written agreement between a land owner and an easement holder, it is called

A

a Private grant

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12
Q

Creation of an easement by continuous, uninterrupted, hostile possession is called

A

Prescription

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13
Q

Acquisition of an easement b the government or public utility under its power of eminent domain is called

A

CONDEMNATION

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14
Q

When a landowner reserves or retains for himself an easement in a deed which conveys title to another party it is called

A

RESERVATION

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15
Q

When a seller grants an easement to prevent the buyer from becoming landlocked, it is called easement by

A

Necessity

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16
Q

acronym for 5 ways of creating an easement

A

POPCORN

17
Q

QUITCLAIM DEED

A

“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.

18
Q

When an easement is terminated because the holder of the easement failed to use it, it is called termination by

A

Abandonment

19
Q

When the need for an easement no longer exists, termination of the easement by the court is called termination by

A

Vacation

20
Q

When the dominate and servient estates come under one ownership, it is termination of an easement by

A

Merger

21
Q

When the end of a specified period of time for an easement is reached the easement is terminated by….

A

Experiation

22
Q

Encroachment

A

An unauthorized intrusion of a building, fixture, or other improvement to real property onto the land of another.

23
Q

Trespass

A

if an encroachment intrudes onto the land of another.

24
Q

If an encroachment intrudes onto the air space above anothers land its called

A

Nuisance