Legal Issues: Liens & Easements Flashcards
Easement by Necessity
Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.
- This type of easement allows a landlocked property without access to a public way, to cross the land of an adjoining property for the purpose of ingress and egress
- land has to have some ability to be entered
Easement by Prescription
Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years. Created over time for a period of years. (ex, driving through a driveway, walkway)
Easement by Grant
The creation of an easement by one party expressly transferring the easement to another party.
-Done in writing.
Easement by Implication
An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.
- by conduct and actions of the parties
- Ex. if property owners give right to logging company to cut down trees, logging company can enter onto the land
Easement by Condemnation
An easement created by the government or government agency that has exercised its right under eminent domain.
-gov’t has huge power over property in jurisdiction. like to be rezoned to become a park
Party Wall
A wall built along the line separating two properties, partly on each, which wall either owner, the owner’s heirs and assigns has the right to use; such right constituting an easement over so much of the adjoining owner’s land as is covered by the wall.
Terminating an Easement
Easement Termination:
- Release agreement
- same property owner
- abandonment
- easement no longer relevant
- time limit
Encroachment
A building, part of a building, or obstruction which intrudes upon or invades a highway or sidewalk or trespasses upon the property of another.
ex: rooflines, driveways, antennas, fences, trees/bushes
Appurtenances
Something which is outside property itself but belongs to the land and adds to its greater enjoyment such as a right-of-way or a barn or a dwelling.
- natural consequences of owning the property, doesn’t have to be written agreement or recorded
ex: profit rights (take soil, mineral timber from land by grant or deed, can sell it) license rights (hunting, coal mining, planting), air rights (flying vehicles, building up), subsurface rights (dig down, burry things), water rights,
License
Permission granted by a party to another party as an element of an agreement between both parties.
- temporary privilege
- granted in writing or orally. can be revoked with 10 day written notice
- ex right to fish on private land, use a boat on lake, hunting etc
Dominant Tenement
A parcel of real property that has an easement over another piece of property (the servient estate).
- benefiting form the easement
- ex: Michael’s property has an easement over his neighboring property to use its driveway.
Possessory
The intent and right of a person to occupy and/or exercise control over a particular plot of land.
Non-Possessory
A term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.
Right-of-Way
The right to pass over another’s land pursuant to an easement or license.
Servient Tenement
A parcel of real property that is encumbered by an easement of a dominant estate.
-party who is giving the easement
