Easements - PowerPoint

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					The right to trespass, legally on the lands
                                 of another
                      Easements
More on Easements
• Right to use for special purpose
  • Public e.g., for road expansion
  • Private: e.g. Access to a Lake
• Restrict how property can be
  used, because usually a structure
  cannot be built on it
• Various types
 Easements
The right, privilege, or interest that one
party has in the land of another. ie the
right of public utility companies to lay
their lines across other’ property.

A non-possessory interest in land owned
by another. (not ownership)

Examples: a common wall in a duplex or
condominium (party wall), the right to
take water from the land of another, the
right to receive light and air.
       Two classes of Easements
          Appurtenant       In Gross
• For a special purpose     • Does not benefit
• Attached to and runs          from a particular
    with the land               parcel
•   Needs two adjoining     •   Is personal and
    properties                  can be sold
•   One who benefits from   •   Given mostly to
    easement: Dominant          utility companies
    holder                      I.e Electric, phone,
•   Burdened? Servient          cable,
                                 water
Easement appurtenant
•   Two landowners
•   One benefits (Dominant estate)
•   One is burdened (servient estate)
•   Runs with the land
•   Purpose?
    • To allow access to desireable
      feature ie water, an access road
• How terminated?
Easement in Gross
              • Commercial
              • Government,
                its agencies,
                or a public
                utility usually
                owns
              • Owner can
                transfer, sell or
                assign
Types of easements
• By express grant or reservation
• By agreement
• By necessity
• By prescription
• By Condemnation
• By sale or reference to
 subdivision plot
Termination of Easement

• Express release by dominant
  holder
• Merger of the properties
• Abandonment
• Purpose no longer exists
  Difference between an
 easement and a license



    One is permanent and the
other is temporary and can be
                     revoked
• Deed restriction
  • Imposed by sub dividers or
    builders to make property more
    desirable
  • Public restrictions like Police
    power
  • Termination (expiration of time
    etc)
  • Party Wall
  • Lateral support
      Question

Katie has permission from Todd to hike on his
  property during the autumn months. Katie
  has:
A An easement by necessity
b An easement by condemnation
c Riparian rights
d A license