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12 Cards in this Set

  • Front
  • Back

Easement

Grant




Of a non-possessory property interest




That entitles a person to some form of use or enjoyment of another land

Affirmative Easement

Right to do something on someone else's land.

Negative Easements

Stop Servient Land owner from doing something




that would otherwise be permissible.

If you own parcel A and your granted an Oral easement for Parcel B, will the easement terminate?

NO

When are easements considered abandoned

If accompanied by other evidence of intent to abandon the easement.

A oral attempt at a perpetual easement creates ?

A license

A revocable privilege to use the land grants a

License

What four categories are negative easements recognized in

Light




Air




Support




Stream Water





Fifth sometimes negative easement category

Scenic view.

Easement by necessity ends when

When the necessity ends unless given by express grant.

Implied Easement arises when

1. Previous use was apparent




2. The parties expected it would continue




3. And it was reasonably necessary found dominant land use.

Can you have a prescriptive negative easement?

No it must always be in writing.