OWNERSHIP: SECTION 10, EASEMENTS/ENCROACHMENT ENCUMBRANCES Flashcards
What is the definition of “EASEMENT”?
INGRESS (enter) and EGRESS (leave)
What is another word for easement?
SERVITUDE
What right do you have with an easement?
The right to cross over
Name 3 different easements?
1) APPURTENANT EASEMENT
2) EASEMENT IN GROSS
3) EASEMENT BY PERSCRIPTION
Describe an APPURTENANT EASEMENT.
1) Runs with the land, stays with the land
2) Stays with the property and indefinitely
Who are the 2 people involved in an APPURTENANT EASEMENT?
1) Dominant Tenement
2) Servient Tenement
Define “DOMINANT TENEMENT”
Land benefited or In Favor Of
Define “SERVIENT TENEMENT”
Land Burdened
Who can terminate an “APPURTENANT EASEMENT”?
Only the Dominant Tenement since they paid for the Easement.
Describe an “EASEMENT IN GROSS”
Gross easements, usually commercial, can be sold to others.
What are some examples of an “EASEMENT IN GROSS”
1) Utilities with power lines
2) railroads
3) Billboard sites
Define “EASEMENT BY PRESCRIPTION”
1) to use someone else’s property
2) Continuous-All the time
3) Open-In open clear view
4) Notorious (hostile)-without permission
What are the three ways easements are created?
1) EASEMENT DEED- Sit down and come up with the terms
2) Long Term Use- Continues, Open, and Hostile
2) By necessity- Someone is landlocked
What are the four ways easements can’t be terminated?
1) Abandonment- no longer being used
2) Purpose no longer exists
3) Merger of properties
4) Dominant Tenement releases rights through a quit claim deed
Define a “QUIT CLAIM DEED”
I quit claiming rights to the property
