Easements And Deed Restrictions Flashcards
Appurtenant easement
Burdened easement
App- dominant estate
But- servient estate
Easements
Right to use the land of another, not possession rights
Personal easements
Commercial easements
Per- terminate on death and don’t transfer
Com- such as utilizes do transfer
Easements by necessity-
Created by landlocked property,
Provides access rights
Ingress (entry)
Engress (exit)
Profit pendre-
Is right to take crops, soil, or profit from land of another.
Encumbrance-
Is any claim, lien, or liability, that affects the value of property
Adverse possession-
Squatters rights
A party who has had open continuous use of another property.
May squire title of property
Tacking
Period of ownership from different squatters can combined
Quiet title-
To acquire must file this suit (quiet title)
Title revived by squatter is called title by prescription
Deed restrictions-
Run with land, found in deed.
Transfer
Can be enforced by neighbor
Private restrictions
Also known as CC&Rs
Covenants conditions restrictions
May be place on property by owner, found in deed. Enforced by owner.