fundamentals chapter 4 part 2

Failure of purpose ?

If the purpose of the easement ceases to exist, the easement terminates. For instance, an easement created for railroad lines would terminate if the railroad company rerouted its line, tore up the tracks, and left the area.

Release ?

The holder of an easement (dominant tenant) may release his rights in the servient tenement. The release must be in writing, usually in the form of a quitclaim deed.

the right to drive out is the right of ?

egress.

An owner damaged by the presence of a neighboring encroachment may file an ______ in order to get the encroachment removed or to receive damages.

ejectment suit

Standard title insurance policies do not cover _______ Extended title insurance policies cover ______

encroachments. encroachments and may require a property survey before the policy will be issued.

The right to drive in is the right of ?

ingress;

An easement appurtenant burdens ?

one parcel of land for the benefit of another. "runs with the land" like other appurtenances, meaning that the benefit or burden of the easement will pass to subsequent purchasers. An easement appurtenant doesn't enlarge the size of the dominant tenement, but it does increase its value.

The servient tenant is the ?

owner of the burdened land.

An easement can be terminated by ?

release, merger, failure of purpose, abandonment, or prescription.

Although adverse possession requires exclusive use of the property, a prescriptive easement may be created even if the ?

true owner is also using the property.

Licenses - Like an easement, a license gives someone the right to use another person's land. However, easements and licenses are different in important ways. ?:

(1) is temporary, (2) is revocable, (3) is not an interest in land, (4) does not encumber the land, (5) does not run with the land, and (6) can often be verbal. is not considered an encumbrance, because it is revocable.

Express reservation ?

A landowner who is conveying a portion of her property may reserve an easement in that parcel to benefit the land that is retained. The reservation of the easement must be made in writing.

Abandonment ?

An easement is terminated if an easement holder abandons it. Mere non-use is not abandonment.

Merger ?

If the dominant and servient tenements come to be owned by the same person, the easement is no longer necessary and therefore terminated. The ownership of the two lots has merged.

requirements for a easement of prescription ?

Open and notorious use - The use must be apparent to the landowner. ii. Hostile use - The use must be without the landowner's permission. iii. Continuous use - The use must be reasonably continuous for ten years.

An easement in gross, benefits ?

a person (dominant tenant) rather than a parcel of land. there is no dominant tenement (land), only a servient tenement. Unlike appurtenant easements, do not "run with the land," but instead terminate on the death of the dominant tenant. ex; Jones (dominant tenant) has a permanent right to fish in a small lake on Smith's land (servient tenement). Jones' right burdens Smith's land but does not benefit any land belonging to Jones.

An easement is ?

a right to use another person's land for a particular purpose; it is a nonpossessory interest in land (the holder can use the land for the specified purpose but has no title or right of possession).

A profit differs from an easement in that it ?

allows a person not only to enter someone else's property, but also to take something of value (such as timber or gravel) from the property.

An easement by implication (sometimes called an easement by necessity) can ?

be either an easement by implied grant or by implied reservation. It can be created by a court when a lot is subdivided into two or more lots and the grantor fails to grant or reserve an easement on one lot for the benefit of another.

Dominant tenement benefits; servient tenement is burdened. The dominant tenement is sometimes called a ?

dominant estate

A common easement is one in which the ?

dominant tenant has the right to drive over a defined strip of the servient tenant's land to reach her home.

There are two types of easements: ?

easements appurtenant and easements in gross.

Methods of creating an easement include ?

express grant, express reservation, implication, and prescription.

An easement by prescription is created through ?

long-term use of land without the permission of the landowner. Acquiring a prescriptive easement is similar to acquiring ownership by adverse possession.

The dominant tenant is the ?

owner of the benefited land.

An easement is created by express grant when a ?

property owner grants someone else the right to use the property. must be in writing and comply with all other requirements for conveyance of an interest in land.

a servient tenement is sometimes called a ?

servient estate.

The land burdened by an easement is called a ?

servient tenement.

An encroachment is a physical object that lies wholly or partially on ?

someone else's property. An example would be a fence or garage built accidentally or otherwise over the property line. It is considered a trespass rather than an encumbrance.

The land benefited by an easement is called ?

the dominant tenement.