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Real Estate - 244
Easements and Licenses
| Question | Answer |
|---|---|
| non-possessory interests | can be created and transferred or even acquired without consent |
| licenses | licenses are not permanent rights in real estate, but they have an important place in real estate law |
| license definition | one person's grant to another of simple permission to use a parcel of real estate 1.revocable by the grantor 2.can be granted orally 3.ordinarily is non-transferable |
| license is defence to | a claim of trespass |
| easements | 1.think of real estate as a bundle of rights - sticks from the bundle can be parceled off so different interest in one parcel of real estate can be held at the same time 2.even if possession is held by one, other rights can be held by others |
| access easement | 1.way to get to house from the road legally 2.real estate is divisible -try to buy only the part you need 3. buy perpetual right to cross land legally |
| reciprocal easement | party walls |
| shopping center | developer may own the whole shopping center - control over the environment is in the landlords hands |
| REA | reciprocal easement agreements - can be used in shopping centers or anywhere multiple owners depend on each other's properties |
| creating easements-express or implied | express creation require a writing-Statute of Frauds 1.agreement 2.transfer deed or easement or 3. transfer of property reserving an easement |
| implied easement | 1.implied by prior use 2. implied by necesssity |
| implied by prior use | 1.originally one parcel with established prior use - quasi-easement 2.reasonable necessity for beneficial enjoyment of the land |
| keys to gaining easements by prescription-have no way to gain easement by implied use and owner won't give you one | 1.adverse-without permission 2. open and notorious 3. hostile claim of the right to use 4.continuous season and exclusive 5. for a statutorily prescribed length of time-5 to 20 years-depending on where property is located 6.time requirement by "tacking" |
| "tacking" | meet time require for prescriptive easement by "tacking" together predecessors' holding periods-can run on both the dominant and servient side |
| prescriptive easement is a perpetual rightjust as though it had been expressly granted and it runs with the land | BUT it takes a lawsuit to establish the easement |
| Wisconsin's prescriptive easement law | see section 893.28 |
| easement appurtenant - easement benefits every portion of the dominant parcel | 1.division of the dominant parcel does not reduce the easement's scope 2.adding land to the dominant parcel does not extend the easement |
| use of easements (ease in description) | 1.ease governed by documents that created 2.general terms updated today's technology 3.party receiving benefit maintains 4.expressly created ease, parties create terms 5.servient ease owner use parcel however wishes 6.servient can allow others to use |
| easements govern by documents that create them if expressly formed and by | Rule of Reason which prohibits unreasonable burdens being placed on the servient parcel owner |
| general terms keep up with technology | passage - horse path may become drive aisles for cars |
| servient owner can use his or her parcel the however he wants | as long as the dominant user is not adversely affected |
| unless expressly exclusive | servient owner can allow other to use the easement as well |
| termination of easements | 1.express if fixed term 2.abandonment 3.reverse prescription 4. right to go on the property to sever and remove resources like timber |
| abandonment | if there is conduct indicating an intent to give up the easement - estoppel in other definitions |
| reverse prescription | barring use for the prescriptive period earns termination |
| profit a prendre-a right to go on someone elses property to sever and remove resources like timber, ore | 1.usually a profit is "in gross" 2. profit is considered a transferable interest in real estate |
Created by:
rainesv