Property Basics

Question 1

Easement definition

Answer 1

Right to use someone else’s land (affirmative)

or

Block something elemental (negative easement)

Question 2

Easement appurtenant versus easement in gross

Answer 2

Easement appurtenant = two lands, dominant and servient

Easement in gross = only one piece of land involved

Question 3

Default rules of easement transferability

Answer 3

Easement automatically transfers, two exceptions:

(1) BENEFIT of personal easement in gross, and
(2) BURDEN of easement re: bona fide purchaser without notice of the easement

Question 4

Creation of easements

Answer 4

Negative easement: only by writing

Affirmative easement:

(1) Writing
(2) Prescription (Adverse Possession)
(3) Implication: Former common ownership, intent, apparent use, reasonable necessity,
(4) Necessity: Former common ownership, strict necessity