Servitudes - Easements

Question 1

An Easement is

Answer 1

the grant of a nonpossessory property interest that entitles its holder to some form of use or enjoyment on another’s land.

Question 2

Most easements are

Answer 2

affirmative, giving the right to do something on servient land.

Question 3

A negative easement is generally recognized in only four categories:

Answer 3

LASS. 1) Light; 2) Air; 3) Support; 4) Streamwater from an artificial flow.

Question 4

An easement is appurtenant when

Answer 4

it benefits its holder in his physical use or enjoyment of his property.

Question 5

An easement is in gross when

Answer 5

it confers upon its holder only some personal or pecuniary advantage, not related to his use or enjoyment of his land.

Question 6

An Appurtenant Easement passes

Answer 6

automatically with the dominant tenement, regardless of whether or not it is mentioned in the conveyance.

Question 7

An easement in gross passes

Answer 7

only if it is for commercial purposes.

Question 8

An affirmative easement is created by

Answer 8

PING. 1) Prescription; 2) Implication; 3) Necessity; 4) Grant.

Question 9

The scope of an easement is determined by

Answer 9

the terms that created it.

Question 10

An easement may be terminated by:

Answer 10

1) Estoppel; 2) Necessity; 3) Destruction of the servient land; 4) Condemnation of the servient estate; 5) Release in writing; 6) Abandonment, demonstrated by physical action indicating intent; 7) Merger; 8) Prescription