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Easements and Real Property

Easements and Real Property - 2 open and notorious 3...

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WILSON Forms of Real Property I. Forms of Real Property A. Land B. Fixtures C. Rights in Land of Others i. Easements and profits ii. Lateral ad subjecaent support iii. Fresh air and sunlight iv. Water Rights II. Easements A. What are they? i. Easement- limited right to use or cross land of another 1. Dominant tenement- land whose owner has rights in other land 2. Servient tenement- land subject to easement B. Types of Easements i. Appurtenant- rights tied to land itself ii. Easement in Gross- personal to indivda who receives right C. How are they created? i. Grant or Deed 1. Express-if convey part of land may also expressely grant him or her easement 2. Implied- owner of adjacent property establishes an apparent and permanent use in nature of an easement ii. Prescription 1. must use land in way that is adverse to rightful owners use
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Unformatted text preview: 2. open and notorious 3. continues uninterrupted for a period of time iii. Necessity 1. If ladn sitatued so that would not have access to it except if cross remaining land (not granted if alternate route is available) iv. Dedication 1. If owenr subdivides into lots records the lan or plat of subdivison therefre deided to dedicate TO THE PUBLIC all streets, alleys,parks, beaches, e.t.c on plat. If subdivider sells lots then purchaser acquires easements D. Profit Vs. License i. Profit- right to take something from land 1. my run with land 2. created by conveyance 3. “interest in land” ii. License- right to use property 1. clearly temporary 2. revocable at will COUNTRY CLUB CASE...
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