Property Ownership, Transfer of Title & Land Use 6.6

Question 1

An Easement is another form of what?

Answer 1

Encumbrance

It is a right to use another’s land for a specific purpose.

Question 2

An Easement Appurtenant allows what?

Answer 2

An easement appurtenant allows the use of a neighbor’s land and is either by necessity or by prescription.

Question 3

An easement by necessity

Answer 3

An easement by necessity means that there is a need for the easement and is created by court order

Question 4

Example of easement by necessity

Answer 4

Ingress or Egress to a property.

To enter and exit a property because everyone has the right to access their property.

Question 5

An Easement Appurtenant attaches to what?

Answer 5

to the ownership of real estate and is part of the dominant tenement (the landowner who benefits from the easement) thus conveys with the title when the dominant tenement transfers their property.

Question 6

What is tacking?

Answer 6

is combining successive periods of time together to fulfill the required timeframe.

Question 7

An easement by prescription is also known as what?

Answer 7

prescriptive easement

Question 8

prescriptive easement/easement by prescription is created when?

Answer 8

is created over time where one uses the property of another openly and non-exclusively (meaning the owner of the property is still using their property) for a period of time.

To obtain an easement by prescription, the use must be open, notorious, visible and without the owner’s approval.