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9 Cards in this Set
- Front
- Back
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Easements
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a. Operation
b. Terms c. Types d. Creation e. Assignability |
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Operation
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i. Affirmative- Right to enter property of another.
ii. Negative a. Light b. Air c. Subjacen support d. Flow of water in artificial streams |
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What are the two types of easements?
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i. Appurtenant
ii. In gross |
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Appurtenant
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Benefits the dominant tenement and transfers to subsequent owners of the dominant tenement.
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In gross
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Follows the person who holds the easement.
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Assignability
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i. Transfers along with the dominant tenement.
ii. Assignable if grantor intended. iii. May have been assignable, but did not transfer. |
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Scope of easement
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Limited to the use for which it was intended.
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What are the default rules for the scope of easement when: no writing, or writing is silent as to scope?
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a. Appurtenant cannot be extended to benefit properties other than the original dominant tenement.
b. Limited by level to which servient tenement is burdened. c. Scope can be enlarged (or narrowed) if changing circumstances indicate that a greater (or lesser) burden is required to satisfy the original purpose. |
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How are easements terminated?
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i. Purpose accomplished or impossible to accomplished.
ii. Merger: dominant and servient tenement comes into the same hands. iii. Abandonment a. Actual abandonment and either *intent to abandon or *action by the easement holder inconsistent with continued existence of easement. |
