CHAPTER ONE ENCUMBRANCES AND EFFECTS ON PROPERTY OWNERSHIP: EASEMENTS

Question 1

____- A right, privilege or interest limited to a specific purpose which one party has in the land of another. “RIGHT OF WAY”

They run with the land so they pass along ownership rights when property changes hands from one owner to the next.

Answer 1

Easement

Question 2

The two catagories of Easements are ___ in ___ and ____ ___.

Answer 2

Easements in Gross

Easements Appurtenant

Question 3

Easement ___- An easement that benefits the dominant estate and “runs with the land”. In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred.

Easement in ___- An easement that benefits an individual or legal entity, rather than a dominant estate. Utility companies and railroads are examples.

Answer 3

Easement Appurtenant

Easement in Gross

Question 4

easement appurtenant

___ tenement- A parcel of real property that is encumbered by an easement of a dominant estate. (the property that is subject to easement)

____ tenement- A parcel of real property that has an easement over another piece of property (the servient estate). The parcel of property benefits from the Easement Appurtenant. (the rights granted under the easement)

Answer 4

Servient Tenement

Dominant Tenenment

Question 5

Easements Appurtenant can be further classified as ___ easements or ____ easements.

Answer 5

negative

affirmative

Question 6

Easement Appurtenant

____easement - allows the dominant tenement to physically cross the servient estate.

_____- does not allow the dominant tenement to enter the servient state. Instead it includes the right to restrict some type of activity on, or use of, the servient tenenment. for example- an easement for light and air, or for a particular view, would be a negative easement.

Answer 6

affirmative

negative

Question 7

TYPES OF EASEMENTS

Easement by ___- Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

Answer 7

Easement by Necessity

An easement by necessity can give the dominant estate owner access over adjacent land included in the servient estate. It would be created if crossing the land was absolutely necessary.

Question 8

Types of easements

Easement by ___- The creation of an easement by one party expressly transferring the easement to another party.

Answer 8

grant

Question 9

Easement by ____- An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.

Answer 9

Easement by Implication

Question 10

An implied easement example created by express statements

Easement by ___- Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Answer 10

prescription

created through adverse possession.

Question 11

Easement by ____- An easement created by the government or government agency that has exercised its right under eminent domain. Example - government using its eminent domain powers to build public highway that crosses a private property owner’s parcel.

Answer 11

Easement by Condemnation