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Easements Introd

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					Easements -- Introduction
     Easements -- Generally

1.   Limited use or enjoyment of another’s
     land
     Easements -- Generally

1.   Limited use or enjoyment of another’s
     land
2.   Protected against interference by third
     parties
     Easements -- Generally

1.   Limited use or enjoyment of another’s
     land
2.   Protected against interference by third
     parties
3.   Not revocable by landowner
     Easements -- Generally

1.   Limited use or enjoyment of another’s
     land
2.   Protected against interference by third
     parties
3.   Not revocable by landowner
4.   Not normal incident
     Easements -- Generally

1.   Limited use or enjoyment of another’s
     land
2.   Protected against interference by third
     parties
3.   Not revocable by landowner
4.   Not normal incident
5.   May be created by conveyance
    Easements – Servient vs.
    Dominant
Servient Tenement          Dominant Tenement

   Land burdened by          Land benefited by
    the easement               the easement

   Land which “suffers”      Land which is made
    because of the             “more valuable”
    easement                   because of the
                               easement
    Easements – Affirmative
    vs. Negative
      Affirmative              Negative

   Easement holder       Easement holder may
    may do something       prevent something
    on the servient        from being done on
    tenement.              the servient
                           tenement.
    Easements – Appurtenant
    vs. in Gross
      Appurtenant                 In Gross

   Dominant tenant          No benefited land.
    owns land benefited
    by the easement.
                             Easement benefits a
   Easement benefits         person, the dominant
    land.                     tenant.
    Profits à Prendre
   Dominant tenant also has right to remove
    a portion of the servient land or its
    products.

   Examples: soil, timber, crops, minerals

   Modern Law: treated under the same
    rules as easements.
Licenses

   Use of land that is revocable by the
    servient tenant.

   Often deemed too weak to be a true
    interest in land.
Example 1

   A grants to B the right to drive across
    A’s land to reach road.
Example 2
   A grants B the right to drill for and
    remove oil on A’s land for five years.
    Example 3
   You have tickets to November 14’s
    Trans-Siberian Orchestra concert.
Example 4

   Why is a lease not an easement?

				
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posted:10/8/2012
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