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5 Cards in this Set
- Front
- Back
Ways to create an easement
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Prescription (COAH: open & notorious, continuous/uninterrputed, adverse, statutory period)
Implication (prior to division, apparent/continuous, reasonably necessary, parties intended continuance) Necessity Grant (express or reservation) |
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Ways to terminate an easement
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Stated Conditions
Release Merger Abandonment (building) Estoppel Prescription (20 years) End of necessity |
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Elements of a fixture
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1. Passes w/ownership
2. Removal would cause damage 3. Common ownership (objective intention, nature of article, manner of attachment, adaptation) |
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Easement Appurtenant
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1) 2 tracts of land req.
2) Passes w/benefitted land, even if not mentioned. 3) Passes w/servient estate, UNLESS new owner is BFQ WITHOUT actual or const. notice. |
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Easement ini Gross
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1) Right to use servient land, even if no other parcel.
2) Use for pleasure--not transferable. 3) Economic use--transferable |