Private Land Use Planning Flashcards
Servient Tenement
Land burdened by the easement
Dominant Tenement
Land benefiting from easement
Dominant Owner
Who owns easement and benefits from it
Servient Owner
Owner of serving tenement or land burdened by easement
Appurtenant
Benefits the holder in use of specific parcel of land
Most common
In Gross
Not connected to parcel but is personal to holder
Affirmative
Allows holder to perform use of servient land
Most common
Negative
Allows holder to prevent servient owner from performing an act or use
License
Informal permission - a mere personal privilege
NOT AN EASEMENT
Profit
Right to enter land to remove natural resources
NOT AN EASEMENT
Easement
Irrevocable non-possessory property right
PING
Prescriptive, implied easement by prior existing use, easement by necessity, grant: express easement (reservation)
Express Easement
Subject to statute of frauds, can be by grant or reservation
By grant: SOGEDO: servient owner grants easement to dominant owner
By reservation: DOGLSORE: dominant owner grants land to servient owner and reserves an easement
Implied Easement by Prior Existing Use
STLHIC EACUBA RN: severance of title of land held in common, use that is existing, apparent, and continuous benefiting another at time of severance, and reasonable necessity
Prescriptive Easement
CONAHDOEFSP: use that is continuous, open and notorious, adverse and hostile, dimensions of the easement for the statutory period
Easement by Necessity
STLHIC SN: severance of title to land held in common and strict necessity
