Section 15: Subdivision Planning, Controls, & Development Flashcards
easement appurtenant
a permanent right to use another’s land for the benefit of a neighboring parcel
easement by necessity
type of easement that is terminated when the reason for the easement no longer exists; e.g. a new road is built that reaches a previously landlocked parcel
easement in gross
type of easement that gives the right to use another’s land and does NOT involve any adjoining estate; utility companies often make use of these easements
easement by prescription
a permanent right to use another’s property because you’ve been doing so for a statutory period of time
party wall
wall shared between two buildings and constructed on the boundary line between two owners’ lots
Possessory (Right)
rights to occupy the property
Non-possessory
category of rights that easements fall under
encroachment
when a building, shrub, fence, etc. illegally crosses over into another’s property; can lead to a claim of adverse possession or an easement by prescription
License
a temporary right to enter the land or use property belonging to another for a specific purpose; NOT classified as an encumbrance