Property Law Flashcards
Easement
Nonpossessory interest to use the land of another or restrict the land of another
Positive or negative
An easement can be positive or negative
Positive easement is granting the right to use
Negative easement is restricting the right use
Creation of an Easement (types)
express, necessity, prescription, implication
Express easement
easement between two parties relayed in writing
Easement by necessity ‘
factually based on if it was NECESSARY for one to enter the land of another…. “landlocked”
Easement by implication
Implied from prior use
Duration of easements
Easements generally last indefinitely unless terminated
Easement by prescription (statutor element)
I-using land for the statutory period (20 years)
2- the use is open, notorious, and adverse
3 gives a right to use land
Easement by prescription (statutor element)
I-using land for the statutory period (20 years)
2- the use is open, notorious, and adverse
3 gives a right to use land
Termination of easements
Express, necessity, abandonment, merger
Express terminates
Lasts for a period time in agreement
Termination of necessity
When no longer necessary
Abandonment termination
Express an intent not to return and non-use
Merger termination
Cannot have easement on entirely my own land
Merger termination
Cannot have easement on entirely my own land
Covenant
1- always in writing
2- looks like a contract
3- is a promise that allows/ restricts use of another person’s land
Restrictive covenant
Prohibits use of my or someone else’s land in a certain way
