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Lecture Notes: Encumbrances |
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-Access easements, where a neighbor is given the right to travel over the property to access the road.
-Utility easements, where a utility company is given the right to come onto theland to maintain power lines, sewer lines, and the like.
-An Appurtenant easement benefits the land by improving its usability by providing a use of the adjoining land. The dominant tenement is the land that is benefitted by the easement on the adjoining land. The servient tenement is the land that the dominant tenment gets to use. easement. Sale of the dominant land transfers the easement to the new oners. Sale of the servient tenement subjects the new owners to the continued use of their land by the dominant tenement. If I give you an easement for your land to cross over my land to get to a road, your land is the dominant tenement.
-An easment in gross: does not benefit the adjoining land. A utility easement to let the cable company com onto your land to take care of their cable, is an easement in gross..
- An easement created by express grant is created by a deed. Just like a deed, the document is signed, witnessed, delivered, recorded. Grantor cannot grant for longer than his term of ownership, eg., a person who has only a life estate can only create an easement for that time..
-An implied is created when selling land that requires access to a road over other land, without mention of access easements. If I subdivide my lot into two halves, and sell you half, the law will presume I meant you to be able to use your land. You will get an easement to get to the road over my land, if your new land doesn't have access to the road.
-A prescriptive easement comes from continued use of another's property without permission. It is like adverse possession, squatting. Use is continuous and uninterrupted. To prevent the prescriptive easement, build a fence. If the "squatter" tears it down, a new prescriptive period begins. Once the prescriptive easement gets created, it is perpetual, and it is apurtenant, meaning it will be transferred with transfer of the land..
-By Necessity: Not all states. If access to a public road (not private roads) is required the easements by necessity will be created by the statute, which will designate the width, etc.
Termination of easments may be by expiration of express term, abandonment, merger, foreclosure of prior servient liens, express release and termination.