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13 Cards in this Set
- Front
- Back
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Easement |
A non-possessory right to use land in thepossession of another; or A non-possessory right to prevent anotherlandowner from doing something to his or her land |
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Dominant Tenant |
The User The dominant tenant has the obligation to maintain |
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Subserviant Tenant |
The person who gives Serviant has an obligation to repair |
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Affirmative Easements |
Easements give owner a right to dosomething · Examples:Right to cross property within a defined area Rightto run pipes underground |
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Negative Easements |
Easement Gives owner a right to preventservient tenant from doing something · Example-Conservation easement, solar easement · Onecan be prevented from doing something |
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Easement in Gross |
Personal to an individual/entity Personal to the holder Example-easement to use one's pool |
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Easement Appurtenant |
Easement holder is using the dominant land, they benefit from the dominant land but they are the subserviant tenant |
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Express Easements |
Easements voluntarily created in a deed, will, or other instruments The vast majority of easements are express easements |
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Easement Implied form Prior Use |
A claim for which an easement is to have existed prior to the severance of ownership |
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Quasi-Easement |
A quasi easement arises when both tracts of land are owned by a single person. A quasi easement can be converted into a true easement if the landowner sells one of the tracts of his/her land |
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Easement by Estoppel |
Also known as an irrevocable license Restatement (3d) Ownerpermits claimant to use land;· Undercircumstances in which it is reasonably foreseeablethat user will substantially changeposition believing that permission will not be revoked · Thereis an actual change in position and reasonable reliance on that belief and · Injusticecan be avoided only by establishment ofthe servitude |
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Easement by Prescription |
Claimanthas used property Openly Notoriously Adversely to the rights of the servientowner-in other words, a hostile manner Continuously For 21 years |
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Easement by Necessity |
Two parcels may be so situated that aneasement over one is strictly necessary to the enjoyment of the other. If so, the courts are willing to find an easementby necessity. |
