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F - Chapter 9

Easements and Other Nonpossessory Rights

QuestionAnswer
abandonment a holder's intention to terminate an easement must be clearly established, not just by nonuse (page 187)
conveyance the transfer of title of property from one person to another (page 187)
dominant estate the parcel of land that benefits from an easement appartenant; also called dominant tenement (page 174)
easement the right to use another's real property for a particular purpose (page 173
easement appurtenant the right of an owner of a parcel of land to benefit from the use of another's land - also known as dominant estate-servient estate (page 174)
easement by implication an easement that a court presumes that the parties intend to create because certain facts exist when real estate is conveyed (page 180)
easement by prescription an owner who does not take some legal action against wrongful use of his or her property within a certain period of time -some states 15 years- is legally prohibited (estopped) from asserting whatever rights he or she had (page 182)
easement in gross an easement that is not tied to another parcel of land, exists without a dominant estate (page 178)
estoppel a doctrine by which a person is not permitted to deny the consequences of facts that are inconsistent with his or her previous actions or statements (page 186)
express grant an easement created by an owner expressly granting in a deed a specific right to another to use the owner's property (page 180)
express reservation where a property owner conveys title to another by deed specifically reserving within the deed an easement for himself or a third party (page 180)
license a personal privilege to enter another's property for a specific purpose(page 188)
merger the termination of an easement when the holder of either the dominant or the servient estate acquires the other (page 186)
prescription acquisition of an easement through wrongful use of another's land for a period of time designated by statute (page 187)
profit a prendre a nonpossessory interest in real property that permits the holder to remove part of the soil or produce of the land (page 188)
release document written by the holder of an easement appurtenant or in gross to give up the right (page 185)
servient estate the parcel of land that is subject to an easement appurtenant also known as a servient tenement (page 174)
easement by conveyance an easement by conveyance may by terminated when the written easement was not recorded or when the easement is not visible from indication on the property the easement may be terminated (page 187)
Created by: rainesv
 

 



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