Wayleaves & Easements Flashcards
What are the three types of easement?
- Affirmative
- Negative
- Floating
What is an Affirmative Easement?
It allows you to do things over someone else’s land.
What is a Negative Easement?
It prevents the landowner from doing something, eg. cutting hedges.
What is a Floating Easement?
It has no fixed location; a generally right to pass or to do.
What is a profit a prendre?
The right to do or to take from land.
What are the two types of profit a prendre?
- Profit a prendre in gross
- Profit a prendre appurtenant
What is a profit a prendre in gross?
A right not attached to the ownership of a specific piece of land.
What is a profit a prendre appurtenant?
A right specifically attached to the ownership of a specific piece of land.
What are the methods of creating an Easement?
- Expressed: granted by deed.
- Implied: not explicitly recorded or stated.
- By necessity: by a Court Order.
- By prior use: based on intention without inclusion within a Deed.
- By prescription: by hostile, continuous, and unchallenged use over a period of years (generally 20 years).
- By Estoppel: where a property is incorrectly advertised or there is misrepresentation and a Court Order grants an ease which would be reasonably assumed to be conveyed for the use and enjoyment of the property.
What is a wayleave?
A contract between a Grantor and Grantee which gives a right of access over land, usually to do something. It is terminable and does not run with the Title.
