Easements

Question 1

Easement

Answer 1

Non-possessory interest in the use of someone’s else’s land

Question 2

Easement in gross

Answer 2

Benefits specific persons enjoyment. Does not pass to others unless comercial activity.

Question 3

Easement appurtenant

Answer 3

Required two proceed of land. (Service to and dominant) Benefits any owners enjoyment and passes to subsequent owners.

Question 4

Creation of easements

Answer 4

1. Grant
2. Prescription
3. Implication
4. Necessity

Question 5

Easement by grant

Answer 5

Requires:

1. Signed writing
2. Identifies land and parties involved
3. Grantors intent to convey

Question 6

Easement by prescription

Answer 6

Created when:

1. Open and notorious
2. Continuous for statutory period
3. Hostile

Question 7

Easement by implication

Answer 7

1. Single tract divided by common owner
2. Preexisting use by grantor established
3. Continuous and obvious indication that use was meant to be permanent
4. Use is reasonably necessary for owners enjoyment of land

Question 8

Profit

Answer 8

Gives the holder right to take natural resources from land of another

Question 9

License

Answer 9

The privilege to use another’s land in a particular way.