Easements in General

Question 1

What is an Easement?

Answer 1

Non-possessory interest in land that gives someone the right to use land possessed by someone else for a particular purpose. Obligates the possessor not ti interfere with the use

Question 2

Types of Easements?

Answer 2

1. Affirmative
2. Negative

They can be either:

1. Appurtenant
2. In Gross

They can be either:

1. Express
2. Implied

Question 3

What is an Affirmative Easement?

Answer 3

Entitles the holder to enter and use another’s land

Question 4

What is an Negative Easement?

Answer 4

Entitles the possessor to compel the possessor of the servient tenement to refrain from engaging on activity upon the servient tenement

Question 5

What is an Easement Appurtenant ?

Answer 5

Flows to the land. Involves 2 tracts of land. The dominant (land with the benefit of the easement) and the servient (land burdened by the easement).
The holder is benefited by the physical use of the servient land

Question 6

What is an Easement in Gross?

Answer 6

Involves only 1 tract of land. Goes to the individual.

The benefit goes to the individual independent of his ownership or possession of another tract of land

Question 7

True of all easements

Answer 7

1. There is always a burdened parcel
2. The easement is an encumbrance which will raise 2 issues:
   A. Marketability of Title
   B. Deed Warranty
3. Will arise only when:
   A. Owner expressly agrees
   B. Strict legal requirements required for implying an easement are present