Identify types of easements. Please provide detailed descriptions.© BrainMass Inc. brainmass.com June 19, 2018, 8:42 am ad1c9bdddf
Question: Identify and explain types of easements.
Easements - non-possessory interest in land, creating a right to use land possessed by someone else.
Types of Easements
Affirmative - The holder is entitled to make beneficial use of the servient tenement.
Negative - Entitle the holder to compel the possessor of the servient tenement to refrain from engaging in an activity on the servient estate (e.g., building a structure in excess of three stories), are generally confined to only four easements: (i) for light, (ii) for air, (iii) for lateral and subjacent support, and (iv) for flow of an artificial stream.
Easement Appurtenant - Benefits the holder in his physical use or enjoyment of another tract of land.
Two tracts: dominant tenement (the estate benefited by the easement) servient tenement (the estate subjected to the easement right). Passes with the transfer of the benefited land, regardless of whether it is mentioned in the conveyance. The burden of the easement also passes automatically with the servient estate unless the new owner is a bona fide purchaser with no actual or constructive notice of the easement.
Easement in Gross - Holder acquires a right to use the servient tenement independent of his possession of another tract of land. i.e., the easement benefits the holder rather than another parcel. An easement in gross for the holder's personal pleasure (e.g., right to swim in the pond on Blackacre) is not transferable. Easement that serves an economic or commercial interest (e.g., the right to erect billboards on Blackacre) is transferable.
Express Grant - Any easement for more than one year must be in writing and signed by the holder of the servient tenement. A grant of easement must comply with all the formal requisites of a deed.
Express Reservation - An easement by reservation arises when a grantor conveys title to land, but reserves the right to continue to use the tract for a special purpose.
Implication - An easement by implication is created by operation of law; it is an exception to the Statute of Frauds. Aside from the easement automatically implied with any grant of a profit, there are two types of easements by implication: 1. Easement Implied from Existing Use ("Quasi-Easement") 2. Easement Implied Without Any Existing Use.
Easement by Necessity - An easement by necessity arises when a landowner sells a ...
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