PROPERTY OWNERSHIP #6 Flashcards
The right to use or enjoy the ‘property of another’ is called an
EASEMENT
The interest that a holder of an easement has in property is only the
USE of the easement. The Holder does NOT have any “ownership” or “Possession” of the property
The easement which requires both a DOMINANT ANS A SERVIENT ESTATE IS AN
EASEMENT APPURTENANT.
The Back lot is the dominant estate and the front lot is the servient estate.
In an easement appurtenant the holder of the easement is the owner of the dominant estate or the servient estate?
The Dominant estate
in an Easement appurtenant, the easement is GRANTED by the owner of the dominate or servient estate?
The Servient Estate
AN easement appurtenant “runs with the land” meaning it becomes a permanent part of what or whose?
The DOMINATE ESTATE. IT IS NOT OWNED BY ANYONE, OR POSSESSED BY ANYONE.
in an easement appurtenant, if the dominant estate is sold, the easement
Remains in Effect!
In an easement appurtenant, if the owner of the estate dies, the easement
Remains in effect
In an easement appurtenant, if the owner of the servient estate dies, the easement
remains in effect
An easement that affects ONLY ONE property is called an
Easement in Gross
In an easement in gross, there is only one property involved, called the
SERVENT ESTATE
**AN EASEMENT IN GROSS held by a public utility company is called
Commercial Easements:
(telephone lines, sewer or gas lines , ditches
If the property which has a commercial easement in gross is sold, the easement…
Remains in effect
If the owner of the servient estate in a commercial easement dies, the easement
Remains in effect
If a utility company holding a commercial easement is sold, the easement
Transfers to the new owner
