Types of Easements - Ownership Flashcards

Types of Easements - Ownership Flashcards Two parties to an appurtenant easementDominant tenement and Servient tenement Easement by necessityCreated by a court of law and is an operation of law. It would be granted to a landlocked property Appurtenant EasementRight in another's land that benefits and attaches to the owners land. This is an easement for adjacent properties or neighbors and provides right away. These easements run with the land and can't be sold separately.Easement by prescriptionIs when the claimant has use the land for a time period set by law. If this time requirement has been fulfilled, The claimant can claim The right to use the land forever. Does not get title to the land, only the right to use it. Does not follow the land, if it is sold, the person holding the easement would have to renegotiate it Four types of easementsAppurtenant easementEasement in GrossEasement by NecessityEasement by Prescription Servient tenementIs the one that is burdened by the easement Dominant tenementIs the one that benefits from the easement Easement in grossAre not tied to land, but are instead owned by a person or company. They are considered a simple personal interest.Most often these are commercial in nature and can be sold to others.