Level 5 Chapter 3: Easements

Question 1

Easements

Answer 1

An interest in, or a right to use, another individual’s land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party’s land. This access can be granted to public entities or private individuals. Easements are usually created in one of these ways:

By the deed (which is called an easement by grant)

By an agreement between the parties

By the operation of law (called an easement by implication)

Question 2

Right of Way

Answer 2

An easement giving the holder the right to cross another’s land. There are two general categories of easements: affirmative and negative.

Question 3

Affirmative Easement

Answer 3

The easement gives someone the right to use a property for a specific purpose

Question 4

Negative Easement

Answer 4

Prevents a property owner from doing something that would otherwise be legal.

Question 5

Easement by Grant

Answer 5

An easement that is granted to someone in a deed or other document. An easement by express grant is created when a property owner sells a portion of their land but retains the right to cross it by formally stating that in the deed.

Question 6

Mutual Agreement

Answer 6

Another way to create an easement is to simply agree on creating one. The two parties come to an agreement to create the easement, whether it is for convenience or necessity.

Question 7

Operation of Law

Answer 7

The final way to create an easement is by operation of law.