level 4:easements

Floating Easement

A floating easement just means that there is no exact, fixed location that the easement grants access to. So, instead of a clearly marked path, the dominant estate has access to cross the land wherever they need. If the servient estate was to build a clearly marked path, then the easement might stop being considered a floating easement.

Negative Easements

A negative easement prevents a property owner from doing something that would otherwise be legal.....The most common example of a negative easement is when a property owner is prohibited from building a structure or planting a tree on their property because it would block a neighboring property's view.

Party Walls

A party wall is a wall shared by two separate properties. The owners on each side share the right of use, often as an easement. Specifically, both property owners have an appurtenant easement in the other side of the wall. Party walls are very common in condos. Maintenance costs related to the party wall will be shared between the two parties.

how to Terminate an Easement?

Abandonment Release Prescription Merger Expiration of purpose Court action

Mutual Agreement

Another way to create an easement is to simply agree on creating one. The two parties come to an agreement to create the easement, whether it is for convenience or necessity.

How are Easements Are Created?

By the deed: (called an easement by grant) By an agreement: between the parties By the operation of law: (called an easement by implication)

types of easements?

Easement appurtenant Easement in gross Easement by necessity Easement by prescription Easement for light and air Easement by condemnation Party walls

Affirmative easement

If the easement gives someone the right to use a property for a specific purpose, then it is an affirmative easement. Most easements are affirmative easements. For example, the right to access a public beach through a gate on private property is an affirmative easement.

Adverse Possession

More commonly known as adverse possession, this is what can happen when a landowner does not use their land or inspect it for many years. That owner may lose the title to another person who has some claim to the land, takes possession, and uses the land. The possession must be open, notorious, and hostile for 10 years as determined by state law. Adverse possession doesn't apply to land that is owned by the government, but it can affect private property.

Merger

Termination of an easement can result from a merger in which multiple separate properties are merged together and owned by one person.

Dominant and Servient Tenements

The parcel of land that benefits from an easement appurtenant by having the right to cross another owner's adjacent land is called the dominant tenement. The other parcel that must allow such crossing is called the servient tenement.

Alienation

Adverse possession is a kind of involuntary alienation, or transfer of title to property without the owner's consent, usually carried out by operation of law.

what are the types of easements?

Affirmative and Negative

Easement Appurtenant

An easement appurtenant is an easement that exists when two different parties own adjacent parcels of land and one owner has the ability to cross the other's land. The easement appurtenant gives that person the right to cross their neighbor's land. This type of easement transfers with the land and cannot be discontinued by a new property owner.

Release

An easement can be released by the person who has the right to use the easement (the dominant tenant). Termination of an easement in this manner should always be recorded. This is achieved by all parties signing a document that says the easement-holder releases their interest in the property.

Easement for Light and Air

An easement for light and air is a negative appurtenant easement that prevents the owner of adjoining land from doing anything that could block light and air from the dominant tenement. or sometimes called a view easement

Easement in Gross

An easement in gross applies to a person or entity, not the specific land. The person or company who benefits from an easement in gross is called the dominant tenant. They can sell or assign this easement to another company or person.

Easements

An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals. For instance, a right of way is an easement giving the holder the right to cross another's land. Easements are a type of encumbrance, so the rights run with the land and will convey in the transfer of the deed or title.

multiple Easement's Possibilities

For example, an easement that runs with the land and that prevents a neighbor from building to obstruct a view is both an easement appurtenant (attached to the land, not to a person) and an easement for light and air.

Easement by Prescription vs. Adverse Possession

the difference is that an easement by prescription grants use of the property, whereas adverse possession grants ownership.

Easement by Condemnation

An easement by condemnation is an easement in which private property is taken for public use. This is made possible by eminent domain, which is the government's power to seize private property for public use. (The government must pay the property owner just compensation for the property.) sometimes issued for unfit for occupants or if the public needs it.

Easement by Grant

An easement by grant is an easement that is granted to someone in a deed or other document. An easement by express grant is created when a property owner sells a portion of their land but retains the right to cross it by formally stating that in the deed.

Operation of Law

An easement by implication is created when land is divided and there is a longstanding, apparent use that is reasonably necessary. It's created by operation of law (not express grant or reservation). Some people also call this an implied easement. Need to check for the existence of easements? Easements are recorded in public records in the county where the easement is located.

Easement by Necessity

An easement by necessity is a type of easement by implication that occurs when the dominant tenement could not be used without an easement, even without a longstanding, apparent use. It's sometimes referred to as an easement of necessity.

Easement by Prescription

An easement by prescription is granted after the dominant tenement has used the property in a continuous and open manner for a prescribed period of time without the owner's permission. To establish an easement by prescription, the area in question would have to have been used continuously by the non-owner of the property for at least 10 years.

Expiration of Purpose

An easement can also be terminated when there is an expiration of purpose that makes the easement pointless. If property that was once affected by an easement is removed or involuntarily destroyed (by a natural disaster or otherwise), the easement is terminated automatically. Any rebuilding of the destroyed property wouldn't necessarily mean the easement can exist again. There would have to be a new easement to cover the use of that rebuilt structure or property.

Abandonment

An easement can be abandoned due to non-usage. This failure to use and occupy the property has to be combined with a statement or act that makes it clear that the parties are abandoning the easement.

Court Action

An easement can be canceled by court action if one of the parties wants it to be terminated. The process is called a quiet title action. There's no guarantee that the court will allow the termination, and going to court is only an option if the easement is not a necessity for the parties.

Prescription

An easement can be lost by prescription if the easement owner fails to use the property for 10 years. Just as an easement by prescription takes a long time to form, it takes a long time to terminate.

Easement Appurtenant vs. Easement in Gross

The difference between an easement in gross and an easement appurtenant is that easements in gross are granted to a person, not a property. It will expire on the death of the person (if granted to an individual), or when the property changes hands, unless renewed. exp Easement appurtenant: applies to the land regardless of the owner. Easement in gross: applies to the person or entity, not the specific land.