real estate notes

real estate notes - 2/1/2007 -Prescriptive easement...

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2/1/2007 -Prescriptive easement (implied easement by prior use) -People continuing using lot to pass through -ex. People passing through lot that you own to access lake -use must be actual, open/visible, not hostile/notorious, or continuous for statutory purpose Hostile/notorious- use w/out permission -easiest way out is to give oral permission (license) or put up no trespassing signs- this would show that their use is hostile/notorious because people would knowingly be using the land w/out permission -Other types of easements- drainage easement, driveway easement, water easement, conservation easement -conservation easement- gov’t tells you that you can’t do anything to your land because it is an environmentally sensitive area-ex. Beaver habitat -inverse condemnation- gov’t does not compensate you for your land -Termination of easements 1. By merger of dominant and serviant estates-one buys the other 2. By release (sale or gift) by the owner of the easement 3. By violation of the use for which it was created
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real estate notes - 2/1/2007 -Prescriptive easement...

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