periodExample: pathway, driveway extension, garden, and

Emblements, Appurtenance, and Easements Flashcards When talking about easement, ingress means and egress

means:

Enter/Exit ServientProperty that is now serving your purpose.Prescriptive easement is likeCriteria:Taking over someone's land or stealing land since it is acquired without permission.1. Open-2.Adverse- Without permission from owner3. Continuous- determined by court4. Hostile to true owners title over a statutory

periodExample: pathway, driveway extension, garden, and

etc.Easement by NecessityCreated by the courts. Only granted when necessary to use of a property for a required amount of time.Once easement is no longer needed, it is extinguished.EasementsRight held by 1 person to use the land of another for a

specific reason.Example: Access to a property.

Easement in gross only involves and does not involve1 property. no dominant tenement; Does not transfer with

the property when it is sold.Example: Electric poles

What are emblements?Crops made by cultivation legally belonging to the tenant with the implied right for its harvest, and are treated as the tenant's property.Under the statue of frauds, easements must be in writing Easement by PrescriptionAn easement by prescription is an easement that is created by the actions of one person against the interests of another person.

How to end easement?An agreement or release: Dominant tenement gives it up or

releases the servient tenement from obligation1. By merger of property purchase2.Abandonment AppurtenanceWhat belongs to and goes with something else.Something belonging to something else, either attached or not, such as a barn to a house, or an easement to land.DominantTypically smaller EncroachmentPhysical intrusion of a structure or improvement on the land

of another.Examples: Fence or driveway. Form of trespass,

therefore when encroachment occurs, you may be able to sue your neighbor for trespass.Easements in grossNo dominant tenement as property is being crossed, but no

property to go to.Example: electric company wants to

connect a line between 2 poles, so they cross your property.Does appurtenance transfer with sale?YES; it goes to the next owner.Easements by NecessityCourt creates an easement by necessity to permit

someone to gain access to a property.Example: B can go

to court to gain appurtenance easement on A property.

What happens to the crops if an owner loses the title to the land?It is personal property and will go with the owner.Explain easement by precriptionIts when someone crosses your property for a long period of time and you finally tell he or she to stop, but it was too late and you gave them silent permission to use your property.BECAUSE HE'S BEEN DOING IT FOR A LONG TIME.There are 4 types of easements1. Prescriptive easement2. Easement in gross3. implied easement4.Easement by condemnation Appurtenant easements2 Properties owned by 2 different owners. 2 Properties called Dominant and Servient.