Easements Flashcards
(10 cards)
what is an easement
A: The right of one person to use the land of another for a specific purpose (e.g., access).
Q: Does an easement transfer when property is sold?
A: Yes, it “runs with the land” and transfers to the new owner.
Q: What is an appurtenant easement?
A: An easement involving two properties owned by different owners — a dominant estate and a servient estate.
Q: In an appurtenant easement, what is the dominant estate?
A: The property that benefits from the easement.
Q: In an appurtenant easement, what is the servient estate?
A: The property that is burdened by the easement.
Q: What is an express easement by express grant?
A: An easement given by the servient estate to the dominant estate, usually bargained and bought.
Q: What is an express easement by express reservation?
A: When a landowner splits their property and reserves an easement over one part for their use.
Q: What is an easement by necessity?
A: An easement created by courts when legally necessary, similar to an implied easement.
Q: What is an easement in gross?
A: An easement that involves only one property (no dominant estate).
Q: What is an implied easement?
A: An unrecorded but legally necessary easement, possibly for light, air, or access to a landlocked parcel.
