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Property 2 - 2011
Spring 2011 Property
Question | Answer |
---|---|
Easement Definition | non-possessory interest in land which entitles the owner to make limited use of another's land or to restrict such other's use of his land. |
Affirmative Easement | easement that entitles the owner of the easement to use the land of another in a way which, but for the easement, he would not be privileged to do. |
Negative Easement | an easement which enables the owner of the easement to prevent the landowner would have a right to do. |
Appurtenant | when an easement is created to benefit the possessor of neighboring land in his use of such land. (typical examples - walkways, driveways, utility lines...) |
Easement in Gross | an easement which is created to benefit the owner in his personal capacity and not in connection with his possession of a dominate estate. |
License | a privilege to make some limited use of the land of another. |
Servient Estate | when an easement appurtenant exists, the land bearing the burden of easement. |
Dominant Estate | when an easement appurtenant exists, the land receiving the benefit of the easement. |
Prescriptive Easement | an easement acquired by adverse possession. |