Easements & Encroachments Flashcards
(10 cards)
What does the word easement mean?
Legal rights that grant a non-owner the permission to use a portion of another person’s real property for a particular use.
What is easement appurtenant?
Benefits an adjacent parcel of land
Allows an owner the use of a neighbor’s property, such as the right to cross parcel A to reach parcel B.
What is easement in gross?
Benefits an individual or business entity and is not related to a specific adjacent parcel
Example: Utility easements, which is the right to access a specific portion of the property to install, maintain, repair, or replace utility infrastructure.
What is easement by necessity?
- Created through a court of law
- allows property owners to enter & exit their landlocked property
- Implied by law, not by a written agreement.
What is an example of easement by necessity?
They can only access the road by crossing through another parcel that someone else owns.
What is easement by prescription?
Created by a court of law after longtime usage.
Give an example of easement by prescription.
One lady mowing a little strip of land on her side of the fence for 20 years because the fence was slightly misaligned.
so, she wouldn’t own the land, but she’d have the legal right to use it for the purpose of lawn care & maintenance, as the neighbor never objected and she did it for a long time
What is encroachment?
Unauthorized use of another’s property.
What happens if an encroachment continues for more than 7 years?
An implied easement may be created.
ex: fences
Fill in the blank: An implied easement may be created if an encroachment continues for more than _______.
7 years.
