Level 5: Easements

Question 1

Easements

Answer 1

an interest in, or a right to use, another individual’s land or property, generally for a specific, limited purpose

Question 2

Affirmative Easements

Answer 2

easement gives someone the right to use a property for a specific purpose

Question 3

Negative Easements

Answer 3

prevents a property owner from doing something that would otherwise be legal

Question 4

Easement by Grant (Deed)

Answer 4

an easement that is granted to someone in a deed or other document

Question 5

Easement by Mutual Agreement

Answer 5

two parties come to an agreement to create the easement, whether it is for convenience or necessity

Question 6

Easement by Operation of Law

Answer 6

created when land is divided and there is a longstanding, apparent use that is reasonably necessary, (by law not grant/deed)

Question 7

Easement Appurtenant

Answer 7

easement that exists when two different parties own adjacent parcels of land and one owner has the ability to cross the other’s land (transfers with the land and cannot be discontinued by a new property owner)

Question 8

Appurtenances

Answer 8

rights that run with real property ownership. They are most often transferred with the property (as is the case with an easement appurtenant), but it’s possible in some cases to sell appurtenances separately

Question 9

Dominant Tenements

Answer 9

benefits from an easement appurtenant by having the right to cross another owner’s adjacent land

Question 10

Servient Tenements

Answer 10

the other parcel that must allow such crossing

Question 11

Easement in Gross

Answer 11

a person or entity, not the specific land, they can sell or assign this easement to another company or person

Question 12

Easement in Gross vs Easement Appurtenant Visual Aid

Question 13

Floating Easement

Answer 13

there is no exact, fixed location that the easement grants access to

Question 14

Floating Easement Visual Aid

Question 15

Easement by Necessity

Answer 15

no other choice but to use someone else’s land, the people who need a way in and out will be granted an easement by necessity

Question 16

Easement by Necessity Visual Aid

Question 17

Easement by Prescription

Answer 17

granted after the dominant tenement has used the property in a continuous and open manner for a prescribed period of time without the owner’s permission

Question 18

Easement by Prescription Visual Aid

Question 19

Adverse Possession

Answer 19

can happen when a landowner does not use their land or inspect it for many years, that owner may lose the title to another person who has some claim to the land, takes possession, and uses the land, the possession must be open, notorious, and hostile for 21 years

Question 20

Adverse Possession: Alienation

Answer 20

transfer of title to property without the owner’s consent, usually carried out by operation of law

Question 21

Easement for Light and Air

Answer 21

a negative appurtenant easement that prevents the owner of adjoining land from doing anything that could block light and air from the dominant tenement

Question 22

Easement for Light and Air Visual Aid

Question 23

Easement by Condemnation

Answer 23

private property is taken for public use, the government’s power to seize private property for public use, (the government must pay the property owner just compensation for the property)

Question 24

Easement by Condemnation Visual Aid

Question 25

Easement by Party Walls

Answer 25

wall shared by two separate properties, property owners have an appurtenant easement in the other side of the wall

Question 26

Easement by Party Walls Visual Aid

Question 27

Types of Easements Visual Aid

Question 28

Terminate Easements: Abandonment

Answer 28

failure to use and occupy the property has to be combined with a statement or act that makes it clear that the parties are abandoning the easement

Question 29

Terminate Easements: Release

Answer 29

achieved by all parties signing a document that says the easement-holder releases their interest in the property

Question 30

Terminate Easements: Prescription

Answer 30

easement owner fails to use the property for 10 years

Question 31

Terminate Easements: Merger

Answer 31

multiple separate properties are merged together and owned by one person

Question 32

Terminate Easements: Expiration of Purpose

Answer 32

if property that was once affected by an easement is removed or involuntarily destroyed (by a natural disaster or otherwise), the easement is terminated automatically

Question 33

Terminate Easements: Court Action

Answer 33

canceled by court action if one of the parties wants it to be terminated, the process is called a quiet title action, there’s no guarantee that the court will allow the termination, and going to court is only an option if the easement is not a necessity for the parties