Subdivision, planning, controls and development Flashcards
Easement
A right held by one property owner to make use of the land of another for a limited purpose
Easement
Another major type of encumbrance, unlike a loan, which can be paid off, easements are frequently permanent. They write acquired by one party, to use another parties land for a special purpose. Written agreement between the parties.
Types of easements
Easement appurtenant : permanent, right to use another land for the benefit of the neighbor
Easement in gross : right to use the land, does not necessarily involve an adjoining property, example would be utility lines
Easement of necessity : access to Road, without such an easement, the owner requiring the right of passage would be landlocked
Easement by prescription : acquired through years of use, permanent right to use another property by doing so far period of time. Use must be hostile, open, exclusive, notorious.
Permanent right to use another land for the benefit of a neighbor
Easement appurtenant
Right to use the land (not necessarily an adjoining property)
Easement in gross
This usually involves access to a road, what kind of easement
Is meant by necessity
What is the Easement that is acquired through years of use?
Easement by prescription
Easement in gross
A right to use the land example utility line spanning on both properties
Servient vs. dominant a state
The recipient of the right is dominant
The giver of the right is servient
A permanent right to use another’s land for the benefit of the neighboring parcel
Easement appurtenant
This type of easement is terminated when the reason for the easement no longer exist, such as when a new road is built that reaches a previously landlocked parcel
Easement by necessity
This type of easement is the right to use. The land of another end does not involve any adjoining estate. Utility companies often make use of these easement.
Easement in gross
A permanent right to use another’s property because you’ve been doing so for a statutory period of time
Easement by prescription
Shared between two buildings, and constructed by the boundary line between two owners lots
Party wall
Rights to occupy the property
Possessory
Easements fall into this category of rights
Nonpossessory
Wooden building, shrubs, fence, etc., illegally cross over into another property. Can lead to a claim of adverse possession or an easement by prescription.
Encroachment
Not classified as an encumbrance, this is a temporary right to enter the land or use property belonging to another for a specific purpose
License
Land is landlocked with no access to roads
Easement of necessity
A person uses another’s land without permission for sometime
Easement a prescription
Easement is created through express written language in a grant deed
Express grant or reservation
Easement is created through implied use of land or a parties prior used to land
Easement of implication of law
The government exercises it’s power of eminent domain
Easement of condemnation
Easement is created through written agreement between two land owners
Easement a contract