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5 Cards in this Set

  • Front
  • Back
Ways to create an easement
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)
Ways to terminate an easement
Stated Conditions
Release
Merger
Abandonment (building)
Estoppel
Prescription (20 years)
End of necessity
Elements of a fixture
1. Passes w/ownership
2. Removal would cause damage
3. Common ownership (objective intention, nature of article, manner of attachment, adaptation)
Easement Appurtenant
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.
Easement ini Gross
1) Right to use servient land, even if no other parcel.
2) Use for pleasure--not transferable.
3) Economic use--transferable