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9 Cards in this Set
- Front
- Back
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Define the term Easement.
---- How can an easement be created? ---- Other than access, what's another benefit of easement? |
Non-Possessory + Incorporeal (Intangible)
A legal right (incorporeal, no material existence) to use someone's land in a specific WAY and REASON. The holder of the easement has an interest in the land (DOES NOT own/possess) ---- *Can be created by conveyance ---- *interest that may be protected from third party interference |
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What does "Appurtenant" mean?
What's another term for Easement Appurtenant? ---- Define the term Easement Appurtenant. Name (3) necessary characteristics of EA. |
"To belong" - in essence, an easement appurtenant belongs to the land.
---- "Running with the Land" ---- The right in another’s land which is created to benefit the easement holder (dominant tenement) in his use of particular land owned by him. ---- 1) Easement must be attached to the land of the dominant tenement, 2) still applies to property even if owners change, 3) at least two parcels of land in separate ownership (Servient, Dominant) |
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Define the term Easement In Gross.
List the (2) types of Easement in Gross. |
A legal right to use the land of another. It involves only one parcel of land and benefits a person rather than another parcel of land. (*x: telephone pole)
---- Commercial | Personal |
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In what ways can you CREATE and Easement?
(7) |
C.R.A.P.I.N.G
---- Condemnation Reservation Application Preservation Implication Necessity Grant |
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In what ways can you TERMINATE an Easement?
(7) |
L.E.A.R.N P.M.
---- License Expiration of Purpose Abandonment Release Necessity (END OF!) Prescription Merger |
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Define the term License.
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An owner’s permission for another to use the land for a specific purpose. The permission does not grant a right in the land but a personal privilege, which is neither transferable nor inheritable and may be terminated by either party.
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List (2) examples of Private Restrictions.
Private Restrictions cannot _____. |
1) COVENANT | 2) CONDITION
---- *Restrict the conveyance of the property. |
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Define a Covenant.
- How is a Covenant enforced? ---- What is a Condition? - In the event of a Condition, what (2) subsequent actions can be taken? |
COVENANT
- a RESTRICTION which specifies that the property will/not be used in a certain manner. (not dependent upon occurrence/non of a condition) - enforced by seeking an injunction or damages, BUT there is a TIME LIMIT as to how long it's effective. ---- CONDITION *a PROMISE made in a deed provision which subjects land owners to certain restrictions based on the occurrence/non of stated condition. - 1) the title will automatically revert to the grantor, or 2) the grantor can sue for possession and terminate the estate. |
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Define an Encumbrance.
- List (4) types of encumbrances. - What can an encumbrance NOT do? ---- What is an Encroachment? |
Encumbrance - External limitations which restrict an Owner's rights, or use of property, or diminish its value.
- Liens, Easements, Encumbrances, Restrictions - *DOES NOT restrict the owner's right to convey. ---- Encroachment - The illegal intrusion of an improvement, building or other attachment onto a neighboring land or into its airspace. |
