Property > Easements, Profits, and Licenses Flashcards Preview

Property 2 > Property > Easements, Profits, and Licenses > Flashcards

Flashcards in Property > Easements, Profits, and Licenses Deck (14):
1

Does the grant of an affirmative easement include a right of possession?

No. It is merely a right of use. It does not convey any right to possess and enjoy the land; that is, ownership of the land itself does not pass.

2

By granting an affirmative easement across her land, a landowner grants:

A right to use that portion of her land.

3

What is an easement?

An easement is a nonpossessory interest in land.

4

The owner of the servient tenement has a:

right of full possession and enjoyment subject only to the limitation that he cannot unreasonably interfere with the right of special use created in the easement holder.

5

A landowner who grants a revocable privilege to use a portion of her land grants what type of interest?

A landowner who grants a revocable privilege to use a portion of her land grants what type of interest?

6

Does the holder of profits have a possessory interest in the land?

No. A profit is a nonpossessory interest.

7

What is a profit?

A profit is the right to take the substance of the soil (e.g. minerals, timber) from another's land.

8

May an owner of land preclude a person granted a profit access onto the land to remove the resources?

No. Implied in every profit is an easement entitling the holder to ender the servient land to remove the resource.

9

May an easement arise by prescription?

Yes.

10

May a profit arise by prescription?

Yes.

11

What is the effect of a profit holder using the profit beyond its legal scope? Why?

The profit automatically terminates. The excess use results in a surcharge to the servient estate which extinguishes the profit.

12

What is the remedy for excessive use of an easement?

A landowner may seek an injunction against the excess use. Unlike a profit, the easement does not automatically terminate.

13

Excess use of a profit or easement results in what?

A surcharge to the servient estate.

14

What is the remedy for excessive use of a profit?

No specific remedy is needed. The profit is automatically terminated by the excess use, and the landowner therefore need not enjoin the use or otherwise seek to terminate the profit.