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19 Cards in this Set
- Front
- Back
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What is the purpose of an easement?
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it creates a non possessory right to enter and use land in the possession of a another and obligates the possessor not to interfere with the uses authorized by the easement
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What is a dominant estate?
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The land which has the right to use the easement.
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What is the servient estate?
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The land over which the easement crosses
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What is an easement in grant?
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An easement specifically given by some interest in writing and delivered
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What is an easement in reservation?
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An easement that you reserve the right to cross the property transferred from the property kept.
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What is an expressed easement in reservation?
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An easement in reservation that is put in writing by intent of the parties
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What is an implied easement in reservation?
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An easement in reservation that is not in the deed but was intended by the parties.
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What are the 7 ways to create an easement?
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1. Expressed
2. Implied 3. Necessity 4. Prescription 5. Implied Dedication 6. Custom and Usage 7. Public Trust |
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What are profits a prendre?
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The right to go upon the land of another and remove something
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What are the elements of estoppel?
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1. There was a reliance and it was relied upon
2. There was a right to rely 3. There was an injury to the party that relied |
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What are the elements of easement by necessity?
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1. Must be one single tract
2. Transfer part of the property to another 3. There was a pre-exisiting use 4. There are no other means on ingress and egress |
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What are the elements of a strict necessity easement?
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1. A single tract
2. A transfer to cause 2 tracts 3. No possible way to a public right of way 4. Must continue to the present |
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When is an easement by necessity lost?
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When the necessity ceases
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What are the elements of creating an easement by prescription?
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- Open
- Notorious - With knowledge of servient estate - Hostile/Adverse - Uninterrupted |
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What are the elements of creating an easement by estoppel?
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1. Land owner makes representation by word or conduct that an easement exists
2. The adjacent land owner believes such representation to be true 3. The adjacent land owner relies upon such representation |
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Does an easement created by estoppel run with the land?
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Yes
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What is scope in its relation to easements?
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The rights of the owner of the dominant estate to the extent to which they may be used on the servient estate.
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What are the elements of an easement in gross?
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1. Benefit is personal
2. Ends with the death of the dominant estate 3. Generally not assignable, transferable, or devisable 4. Must be used as one 5. There is only a burdened estate, not an appurtenant one |
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Is there such thing as old property law?
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No the property law at the time of the transaction is the law over that transaction and the law that is to be relied upon.
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