Nonpossessory Interests

4 ways to create easements

1. by express grant- done by deed or will 2. by implication 3. by necessity 4. by prescription

servient tenement

A piece of real property on which an easement appurtenant is located.

profit a prendre

A profit a prendre is a nonpossessory interest in land allowing its holder to enter the servient estate and take the soil or a substance of the soil. It is created in the same manner as an easement, and it may be appurtenant or in gross.

profit

A right exercised by one person in the soil of an other, accompanied with participation in the profits of the soil thereof.

easement by necessity

An easement allowed by law as necessary for the full enjoyment of a parcel of real estate; for example, a right of ingress and egress over a grantor's land

Express easement

An easement expressly granted in writing and describing the use of the easement is located.

appurtenant easement

An easement that is annexed to the ownership of one parcel and allows the owner the use of the neighbor's land.

prescriptive easement

An easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement.

easement by estoppel

Can occur if a land owner gives an adjacent landowner the right to depend on his property (such as providing sewe/drainage access) --- courts may inforce this agreement with susequent landowners.

easement in gross

Easements in gross confer upon their holders only some personal or pecuniary advantage that is not related to the use or enjoyment of land. Servient land is burdened, but there is no benefited or dominant tenement. Examples include: right to place a billboard on another's lot; right to swim in another's pond; utility company's right to lay power lines on another's land.

dominant tenement

In easement appurtenant, the property which has the right to use the other property (the servient tenement)

privity

Mutual relationship to the same rights of property, contractual relationship.

easement

The right of a nonowner of real property to use the real property of another for a specific purpose.

adverse possession

a method of acquiring title to real property by possession for a statutory period under certain conditions, especially a non-permissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open, and notorious

implied easement

an easement that is created by the conduct of the partie to the easement and not by written argeement or express langauage

default

an omission or failure to perform legal or contractual duty

foreclosure

termination of all rights of the mortgagor or her grantee in the property covered by the mortgage

utility easement

the right of utility companies to lay lines across the property of others.