Real estate law RELChapter4

Real estate law RELChapter4 - MANAGEMENT 4803 LEGAL ASPECTS...

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MANAGEMENT 4803 LEGAL ASPECTS OF REAL ESTATE COLLEGE OF MANAGEMENT GEORGIA INSTITUTE OF TECHNOLOGY PROFESSOR LUCIEN J. DHOOGE OVERVIEW OF CHAPTER 4 Chapter 4 is primarily concerned with three topics. These topics are easements, profits and licenses. An easement is an interest in land that gives the owner the right to use real property owned by another for a specific purpose. There are two general types of easements. An easement appurtenant is an easement that benefits a particular tract of land. The property that is benefited by the existence of the easement is known as the dominant estate. The property subject to the easement is the servient estate. An easement appurtenant is freely transferable from one person to another but cannot be transferred separately from the dominant estate. The second type of easement is an easement in gross. An easement in gross is an easement that is granted to a person independent of ownership of land. As such, there is a servient estate but no dominant estate. Examples of easements in gross include those granted for electrical, telephone, cable television and other utility services. Commercial easements in gross are freely transferable. However, non commercial easements in gross are only alienable if there
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This note was uploaded on 01/25/2011 for the course MGT 4803 taught by Professor Staff during the Fall '08 term at Georgia Institute of Technology.

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Real estate law RELChapter4 - MANAGEMENT 4803 LEGAL ASPECTS...

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