Servitudes, Easements, and Covenants

Question 1

nonpossessory permissive legal devices that creates a right or obligation that runs with the land (easement, profit, covenant)

Answer 1

servitude

Question 2

temporary and easily revocable grant

Answer 2

license

Question 3

the land of another that owns the easement; bears burden of easement

Answer 3

servient

Question 4

estate that exercises the rights of the easement; benefitted by easement

Answer 4

dominant

Question 5

A has a stream that flows across A’s property and continues along B’s property. A signs an agreement that A will not block or obstruct the stream in any way that diminishes the flow of water to B. The dominant estate is.

Answer 5

B

Question 6

Electric company having right to cross Blackacre is a…

Answer 6

easement in gross

Question 7

lets the owner do something on the land of another

Answer 7

affirmative easement

Question 8

prohibits the owner of the servient estate from engaging in some action on the land

Answer 8

negative easement

Question 9

easement that benefits another piece of the land, the dominant estate

Answer 9

easement appurtenant

Question 10

easement benefits a specific person, who exercises the rights of the easement rights regardless of land ownership

Answer 10

easement in gross

Question 11

taking an easement by going on land, similar to AP

Answer 11

prescriptive easement

Question 12

easement recorded in deed book

Answer 12

express easement

Question 13

3 reqs for prescriptive easement

Answer 13

hostility, continuous, open and notorious

Question 14

parties rely on mutual promise that doesn’t formally meet the k terms

Answer 14

easement by estoppel

Question 15

parcel is split and there is a shared amenity that is only located on one of 2 parcels

Answer 15

existing use easement

Question 16

split that creates a landlocked parcel

Answer 16

easement by necessity

Question 17

statutory right to obtain access through neighboring lands

Answer 17

private condemnation

Question 18

A acquires land previously owned by A and B. This easement was terminated through

Answer 18

merger

Question 19

Termination inferred by actions and intent of easement holder to disuse

Answer 19

abandonment

Question 20

can be lost by open and notorious adverse acts by servient tenement owner that interrupts the exercise of the easement’s period

Answer 20

prescription termination