Term
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Definition
| easement holder is entitled to do a physical act on another's land |
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Term
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Definition
| easement holder is entitled to prevent the owner of land from making certain uses of that land. RARE. |
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Term
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Definition
| Both benefit and burden run with the land; not tied to a particular person, remains indefinitely and is transferrable; cannot be severed; LAW FAVORS THIS |
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Term
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Definition
| Burden runs but benefit does not. Benefit attatched to a person. Benefit not attatched to ownership: severable. Generally transferrable. |
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Term
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Definition
Look to intent of Grantor.
Easements cannot be used so as to create unreasonable interference with use/enjoyment of servient property. |
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Term
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Definition
GRANTOR'S INTENT
does use excede intended scope? addt'l sucharge? Divisible among new users?
BALANCE
Easement holder in free development v. servient estates right to security |
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Term
App. of In Gross Easements
Exclusive |
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Definition
Yes if grantee has EXCLUSIVE control.
Presumed in commercial properties unless servient estate says NOT exclusive.
**Any new use MUST be in lign with intent of grantor |
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