Right granted to a non-owner of real property to use the real property for a specific purpose. Not a claim of ownership.
Parcel of land benefited by an appurtenant easement. Who gets to flex the muscle.
Parcel of land on which an appurtenant easement is located.
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.
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.
Easement that covers real property without a specific location of the easement.
Written and recorded
Easement created by the conduct of the parties to the easement, not by written agreement.
Easement by Necessity
Use of the land by another to gain access to a public way
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.
Requirements for creating an Express Easement
Identify the parties
Describe the area affected by the easement
Purpose of the easement
Term (i.e. in perpetuity or a set amount of time)
Duties, obligations and liabilities of the parties
Creating an Implied Easement
Conduct of parties
Made in connection with conveyance of land
Implied that the grantor ?
Expires by its own terms
Forclosure- was mortgage or easement there first
Abandonment- not defined by statute. Fact/case specific for each scenario.
usually refers to servient estate
usually refers to dominant estate
A revokable privilege or permission to do an act or series of acts on land possessed by another. (ex- cable tv installation, electrician, plumber)