Real Estate Law- Ch 5- Easements and Licenses

License

A revokable privilege or permission to do an act or series of acts on land possessed by another. (ex- cable tv installation, electrician, plumber)

Creating an Implied Easement

Conduct of parties Made in connection with conveyance of land Implied that the grantor ?

Appurtenant Easement

Easement create to benefit a particular parcel of real property. The easement transfers automatically with a transfer of the ownership of the real property benefited by the easement.

Implied Easement

Easement created by the conduct of the parties to the easement, not by written agreement.

Easement by Prescription

Easement created due to repeated use of property over a long period of time. Differs from adverse possession in that there is no ownership.

Easement in Gross

Easement granting the owner of the easement the right to use real property for a particular purpose. The easement does not benefit a parcel pf real property owned by the owner of the easement.

Blanket Easement

Easement that covers real property without a specific location of the easement.

Terminating Easements

Express release Expires by its own terms Forclosure- was mortgage or easement there first Merger Abandonment- not defined by statute. Fact/case specific for each scenario.

Requirements for creating an Express Easement

Identify the parties Describe the area affected by the easement Purpose of the easement Consideration ($) Term (i.e. in perpetuity or a set amount of time) Duties, obligations and liabilities of the parties

Lis Pendens

Litigation pending

Dominant Estate

Parcel of land benefited by an appurtenant easement. Who gets to flex the muscle.

Servient Estate

Parcel of land on which an appurtenant easement is located.

Easement

Right granted to a non-owner of real property to use the real property for a specific purpose. Not a claim of ownership.

Easement by Necessity

Use of the land by another to gain access to a public way

Express Grant

Written and recorded

Together with....

usually refers to dominant estate

Subject to...

usually refers to servient estate