Chapter Seven - Easements, Restrictions and Rights of Adjoining Owners Flashcards Preview

NJ Real Estate Exam > Chapter Seven - Easements, Restrictions and Rights of Adjoining Owners > Flashcards

Flashcards in Chapter Seven - Easements, Restrictions and Rights of Adjoining Owners Deck (15)
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1

EASEMENTS

-  Encubrances that affect the physical condition or use of property.

2

Easement Appurtenant

Easment Appurtenant:  One party benefits and one party burdened.  

Servient Premises:  tract which is burdened by the easement.  

-  Dominant Premises: tract which benefits.

3

Easement in Gross

-  Easement in Gross: An easement that does not benefit a particular parcel.  

4

Affirmative Easements

-  A easement in which the owner of the dominant premises can use the servient premises.  

5

Negative Easements

-  An easement in which the owner of the servient premises is prohibited from doing something that would otherwise be lawful.  

6

Creating Easements

-  Express Grant or Reservation

-  Implied Grant or Reservation

-  Prescription

-  Condemnation

-  Neccessity

-  Dedication

7

Express Grant or Reservation

-  Easement created by deed or written agreement.  

-  Reservation is selling land and reserving in the deed an easement in the portion retained.  

8

Implied Grant or Reservation

-  An easement created because a court would consider that the owner intended to create one.  

-  Must be obvious and prior use must have been continuous.  

9

Prescrption

(Adverse Possession)

-  A person who makes use of another person's land for 30-60 years. 

-  Use must be adverse (without owner's consent).

-  Use must be continuous.

-  Use must be uninterrupted.

-  Use must be visible.

-  Use must be open.

-  Use must be notorius.

10

Condemnation

11

Neccessity

-  With landlocked land, a right of way by neccessity is created by implied grant over the remaining land of the seller.  

-  No other conditions are required.  

12

Termination of an Easement

-  Express Release

-  Merger

-  Abandonment: non-use is insufficient evidence of intent to abandon.

-  By Terms of Original Easement.

-  Termination of Purpose.

13

RESTRICTIONS

Public Restrictions

-  PEET:  Police, Eminent Domain, Eschete, Taxes

14

Private Restrictions

Deed Restrictions

-  Imposed by developers like in Zinnia.

-  Imposed by private landowners on the deed during conveyance.

15

RIGHTS OF ADJOINING OWNERS

Encroachments

Lateral and Subject Support; Subsidence

Party Walls

-  Lateral and Subject Support:  Each owner has the right to have his land supported in its natural condition by the land of his neighbor.

-  Subsidence: lowering of the land surface elevation.