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CALIFORNIA PROPERTY LAW FLASHCARDS
CALIFORNIA, BAR EXAM, PROPERTY LAW
4
Law
Professional
06/15/2009

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Term
When an easement appurtenant exists and both the dominant and servient tenements come under ownership of the same person
Definition

The easement is terminated by operation of law,

 

because one cannot have an easement in his own property

Term
What is an easement by implication?
Definition

An implied easement is created and proved not by words of conveyance (not express) but by all the circumstances surrounding the conveyance

 

It is based on the intent of the parties

Term
What are the 5 prerequisites to the creation of an implied easement?
Definition

1)      must be a quasi-easement

2)      must be a conveyance of one part of the property and a retention of another part of the property by the grantor

3)      the quasi-easement must be apparent at the time of the easement

4)      the quasi-servient tenement must be permanently adapted to serve the quasi-dominant tenement

the quasi-easement must be a) reasonably necessary to the enjoyment of the quasi-dominant tenement if that tract is conveyed, and b) strictly necessary if the quasi-dominant tenement is retained by the grantor

Term
What is the difference between a transfer of property “subject to” and “assuming” the mortgage?
Definition

In a conveyance of land “subject to” a mortgage, the grantee is not personally liable for the debt which the mortgage secures

 

If purchaser “assumes the mortgage”, the purchaser or grantee is personally liable for the mortgage debt

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