Term
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Definition
| a right acquired by a landowner to use the land of another for a special purpose |
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Term
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Definition
| created for the benefit of a tract of land side by side |
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Definition
| has the benefit of the easement |
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Definition
| is crossed by the easement |
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Term
| An easement said to run with the land |
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Definition
| an easement appurtenant is regarded as being so closely connected to the dominant tenement, upon a sale and deed of the parcel benefitted by the easement, the easement will pass the the grantee, even if not mentioned |
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Term
| Whoever owns the dominant tenement owns the easement...can there be a seperate sale of the easement? |
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Definition
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Term
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Definition
| the owner may grant permission to enter for a particular purpose |
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Term
| Difference between easement and license... |
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Definition
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Term
| How can an easement become irrevocable by part performance |
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Definition
When a buyer asks the landowner to use 6inches of the property that is not currently in the buyers tract for drains. After the deal and drains were doen the landowner demanded them to be removed...court claimed it was an oral easement by part performance
Anastaplo Case 1963 |
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Term
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Definition
resembles an easement appurtenant but there is no dominant tenement
-right granted to the city for a road...canals...poles etc |
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Term
| The grantee of an easement in gross cannot tansfer to another rights... |
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Definition
| greater than such grantee was given in the initial easement grant |
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Term
| An easement can be created by...(11) |
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Definition
1.express grant
2.express reservation
3.agreement
4.mortgages
5.implied grant
6.implied reservation
7.necessity
8.prescription
9.condemnation
10.sale of land by reference to a plat
11.estoppel |
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Term
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Definition
because it conveys an interest in land, should contain all the formal requisites of a deed
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writing
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describe easement
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land subject
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chacter(ingress or egress etc)
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signed, sealed, witnessed, acknowledged, delivered, and recorded
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Term
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Definition
| a landowner, in selling and conveying part of its land, may reserve in the deed an easement in favor of the tract retained by the landowner |
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Term
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Definition
| When a landowner owns lots 1 and 2 and mortgages lot 1, it may, at the mortgage's insistance, include in the mortgage a grant of easement over part of lot 2 |
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Term
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Definition
| when a landowner uses one part of its land for the benefit of another part, and this use is such that if the parts were owned by different persons the right would make such a use would constitute an easement, then upon a sale of either of such parts an implied easement is created |
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Term
| Requirements of Implied Easement |
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Definition
1.Prior use must be apparent
2.Prior use must be continuous
3.must be necessary
4.landowners cannot be one person |
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Term
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Definition
| when the owner of land sells a part thereof that has no outlet to a highway except over the remaining land or over the land of strangers, a right of way by necessity is created by implied grant over the remaining land of the seller |
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Term
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Definition
| the acquisition of a right by lapse of time |
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Term
| Requirements for Easement by Prescription |
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Definition
1. Use must be adverse...not permitted by landowner
2. Use must be under claim of right..must be no recognition of the right of the landowner to stop the use
3. Visible open and notorious
4. use must be merely as a member of the public..exclusive
5. Continuous and uninterrupted |
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Term
| What are the most common unlocated easements? |
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Definition
| Pipelines under a farm...once a developer buys the farmland, they should locate the easement |
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Term
| What is a complex easement |
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Definition
| whenever two or more parcels of land, whehter stacked or adjacent, are used in common, an easement agreement should be entereted into so their mutually dependent rights are defined and memorialized |
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Term
| Does the owner of the easement have right to profits of the soil? |
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Definition
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Term
| Land acquired by the owner of the dominant tenement after the creation of the easement .... |
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Definition
| ...has no right to use the easement |
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Term
| What would be an excessive increase of burden |
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Definition
| If the owner of a dominant easement divided his land that is benefiting into 50 parcels......two is reasonable. 50 is not |
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Term
| With an easement of ingress and egress, is use restricted to uses at the date of creation? |
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Definition
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Term
| Does an easement acquired by prescription have to stay the same as it was during the prescriptive period? |
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Definition
| Yes, as long as the improvements were foreseeable consequences of the development of the dominant parcel |
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Term
| Can the width of an easement grow over time? |
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Definition
| No...even if todays larger trucks cannot use an ingress and egress easement, it cannot be widened |
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Term
| Can the servient owner place pillars or speed bumps on the easement? |
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Definition
Speedbumps-Yes for safety
Pillars-No...cannot diminish right of use |
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Term
| Since an easement is a right to use anothers land for a special purpose.... |
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Definition
| the easement must be used only for that purpose |
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Term
| Is a servient tenement of an easement required to maintain and repair the land? |
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Definition
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Term
| When a private road is used by both the landowner and the asement owner, how are repair costs split? |
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Definition
| It is divided proportionately by use |
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Term
| If the easement road falls into disrepair, can the easement owner travel around it on another piece of the landowners land? |
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Definition
| If the disrepair is a result of the easement owners neglect-No....if the road was obstructed by the landowner-Yes |
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Term
| Termination of an easement(4) |
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Definition
1. Ceases when the purpose ceases
2. Can be extinguished by merger
3. Release
4. Abandonment |
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Term
| How would a cable TV company lay their infastructre. |
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Definition
| Either obtain a franchise from the city, or an agreement from an existing telegraph company |
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