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10 Cards in this Set
- Front
- Back
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An easement is a __________ interest in land that permits the holder to make limited use of another's land for a specified purpose.
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non-possessory
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Easements are either ______ or ___ ______.
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appurtenant, in gross
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An appurtenant easement is one that is created to ____ and does ____ the holder in his use of another tract of land and ______ the owner of the land. Appurtenant easements have both a dominant estate (the property benefiting from the easement) and servient estate (the property burdened by the easement)
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benefit, benefit, burden
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An easement in gross is a mere _____ interest in the real estate of another. It exists when the holder of the easement has the benefit of the servient estate regardless of whether a dominant estate exists. It is NOT____ property.
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personal, personal
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In order to determine whether the easement of ____ (insert __1__ or __2__ name here) has been terminated or whether it passes on to _____ (insert _3__ landowner here), it is essential to analyze how it was created.
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landowner, land, new
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Creation of Easements. Easements can be created through ______, implication, ______, prescription, and ______.
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express grant or reservation, necessity, estoppel.
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An easement ___ ______ arises out of operation of law and need not be in ____. Most easements by _____ arise out of a prior-existing use.
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by implication, writing, implication
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Easements by estoppel are irrevocable easements that require: (1) a _____; (2) the licensee's ______ of substantial money or ____ in good faith reliance on the continued use of the easement; and (3) _____ by the licensor or reasonable expectation that the reliance will occur.
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license, expenditure, labor, knowledge
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A ______ easement arises when someone uses or otherwise occupies another's land w/o permission. To acquire a _____ easement, one must demonstrate that the use or ______ was open, _____, hostile, exclusive, and ____ for the statutory period.
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prescriptive, prescriptive, occupation, notorious, continuous
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An implied easement can arise out of pre-existing use if: (1) prior to _____ of ____ of a single tract; (2) an apparent and _____ use of the easement existed when severance occurred; (3) that was _____ necessary for use at the time of severance.
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division, title, continuous, reasonably
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