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10 Cards in this Set
- Front
- Back
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Party Wall Easement
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Straddles a property divided as in the common wall of a townhouse or a fence on the property line
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Easement in gross
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Usually a utility easement p111
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Easement by necessity
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An appurtenant easement that arises when an owner sells part of his or her land. These are created by court order based on the principle that owners have a right to enter and exit their land (the right of ingress and egress)
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Right of ingress
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Right to enter your land
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Right of eagress
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Right to exit your land.
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Easement by condemnation
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An easement by condemnation is acquired for a public purpose through the right of eminent domain.
The owner of the servient must be compensated for any loss in property value p113 |
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How to terminate an easement?
(8 things, p 113) |
An easement can be terminated when one of the following occur:
1) The servient and dominant parcels are owned by the same owner and merged 2) When purpose for which the easement was created no longer exists 3) Release the right of easement to the owner of the servient tenement 4) Abandonment of the easement 5) Adverse possession by the owner of the servient tenement 6) Destruction of the servient tenement, such as demolition of the party wall 7) By lawsuit (action to quiet title) against someone claiming an easement 8) Excessive use, as when a residential use is converted to a commercial purpose |
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Appurtenant Easement
(p 111) |
Is annexed to the ownership of one parcel and allows this owner the use of a neighbors land. In other words, it is the RIGHT OF WAY that allow3s access to or from a parcel that is not otherwise accessible. The Right ofWay easement is defined in the deed of the property that would otherwise be inaccessible. It has SERVIENT TENEMENT and DOMINANT TENEMENTS.
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Servient Tenement
p 111 |
Property which creates the easement over it's property thus allowing ingress and egress from the land locked adjacent property
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Dominant Tenement
p 111 |
Property that benefits or has use of the easement RIGHT OF WAY road created by the SERVIENT TENEMENT
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