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52 Cards in this Set
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- Back
- 3rd side (hint)
A right to use another person’s land for a particular purpose.
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Easements
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Does an easement give right of possession?
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"No, only the right of use."
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What are the two types of Easements?
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Easement Appurtenant and Easement in Gross.
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Define Easement Appurtenant
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It burdens one parcel of land for the benefit of another parcel of land.
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Which parcel of land is the Dominant Tenement?
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The parcel with the benefit.
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The parcel that is burdened is called:
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The Servient Tenement
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An easement that benefits a parcel of land is called an easement appurtenant because:
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It goes along with the ownership of the land like other appurtenances.
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Define Easements in Gross.
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It benefits a person rather than a parcel of land.
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Does an easement in gross go with the land?
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"No, since it belongs to an individual and not a parcel of land."
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Does an easement in gross expire?
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"Yes, when the person dies."
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What is the person that owns the easement in gross called?
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The dominant tenant.
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What is the designation opposite of the dominant tenant?
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The servient tenement.
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A dominant tenant can not be:
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Assigned by its owner to a third party.
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Most easements in gross are:
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Commercial Easements
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The most common example of an easement in gross:
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"The Easement held by a utility company, which allows company employees to enter property to install and service the lines."
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Since commercial easements in gross are considered more substantial interest than personal easements:
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They can be assigned from one utility company to another.
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When an owner divides her property and the new owner neglects to give an Express Grant the previous owner has an:
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"Implication easement, as long as it is reasonably necessary for the enjoyment of the property and there must have been apparent prior use."
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When a property owner grants someone else the right to use the property.
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Express Grant
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To comply with all the other requirements for conveyance of an interest in land a grant must be:
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Put into writing.
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"A landowner sells 10 acres of property along a state highway, but wishes to have access to the land in order to have access to the state highway."
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She needs an express reservation.
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This easement is created through long-term use of land without the permission of the landowner.
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A prescription easement
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What are the requirements for a Prescription easement?
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1) The uses must be open and notorious (apparent to the landowner)
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2) The use must be hostile (without the permission of the landowner)
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"3) The use must be reasonably continuous for a statutory period of time (in Washington, ten years)"
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"A private landowner may grant this type of easement to the public to use some portion of her property for a public purpose, such as a sidewalk. "
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A Dedication
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"The government may exercise it’s power of eminent domain and take private property to gain an easement for public purpose, such as a road."
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Condemnation
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When a holder of the easement gives up his rights in the servient tenement.
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The holder will release the easement. Usually with a quitclaim deed
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When a servient tenement buys the dominant tenement’s land that involves the easement.
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This is a merger.
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"If an easement were created for a railroad and the railroad company removed the rails and discontinued it’s use,"
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The easement would be terminated through Failure of Purpose
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An easement can be terminated if the easement holder:
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Abandons it.
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How does a holder abandon an easement?
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Actions are required by the holder indicating an intent to abandon the easement. Mere non-uses is not abandonment.
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A prescription easement can be extinguished if:
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The servient tenant prevents the dominant tenant from using the easement for the statutory period (ten years).
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The right to take something from land belonging to someone else.
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Profits
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"For example, it might be the right to take timber, peat, or gravel from someone else’s land."
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This gives verbal permission to make some use of another person’s land.
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A License.
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"A physical object that is wholly or partially on someone else’s property, such as a fence or garage built partially over the property."
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An Encroachment.
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The encroachment may be a trespass:
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If an Encroachment violates the neighboring owner’s right to possession.
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A cort can order an encroachment to be removed through a judicial action called:
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An ejectment.
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When is a court most likely to order the encroacher to pay damages to the neighbor?
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If the cost to remove the encroachment would be too high.
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An activity or condition on neighboring property that interferes with a property owner’s reasonable use or enjoyment.
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A nuisance.
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Common examples of Nuisances:
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"Odors, noises, and interference with communication signals."
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An example of a private nuisance:
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Rotting garbage in a neighbor’s back yard
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An example of a public nuisance
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"Jet noise, and industrial emissions"
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An attractive nuisance:
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"A feature that is dangerous and attractive to children, such as an unfenced swimming pool or construction site."
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Restrictions on the use of a property that were imposed by some previous owner.
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Private Restrictions.
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"For example, when selling a house long ago a previous seller might have state in the deed that the poplar trees in the front yard must not be cut down."
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"Most subdivision developers impose a list of restrictions on all lots within the subdivision, before they begin selling individual lots. This is called a declaration of restrictions called:"
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"CC&Rs, or Covenants, conditions, and restrictions."
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A covenant is a:
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Promise to do or not do something.
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A Condition is a:
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"Condition in a deed which makes the grantee’s title conditional, so that he or she owns a qualified fee (rather than a fee simple absolute)."
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A person violating a covenant:
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"Maybe sued, leading to an injunction, (court order directing owner to comply with the covenant) or payment of damages for failure to comply."
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Breach of a condition:
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Could result in forfeiture of title.
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Who enforces CC&Rs?
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The property owners within a subdivision.
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What happens if the residents have failed to enforce a particular restriction in the past?
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They may no longer be able to enforce it.
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A private restriction will terminate if:
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It’s purpose can no longer be achieved due to zoning changes, or other factors that have dramatically altered the character of the neighborhood.
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