Types Of Easements Flashcards
Appurtenant Easements
allows the owner of a parcel of land to use the land next to it.
2 conditions must be met
- Two parcels located next to each other
- The parcels must be owned by different parties
Dominant tenement
The parcel of land that benefits from the easement
Servient tenement
The parcel of land over which the easement runs
Appurtenant easements are said to “run with the land”
This means that if the dominant property is conveyed to another party, the easement rights transfer with it.
The obligations also transfer with the servient tenement if the servient property is conveyed
Easement by Necessity
Is created by law over the adjoining property to prevent landowners from becoming landlocked
Lien
Is a claim or charge against property to enforce payment of money
General lien
Is a claim against all of a person’s property, both real and personal
Specific lien
Is a claim against a specific property
Voluntary liens
Are made with the owner’s consent
Involuntary liens
Are created by law and do not require the owner’s consent
Involuntary liens can be classified as equitable liens and statutory liens
Statutory created by the state
Equitable created by the court