CHAPTER 4 - Real Estate- Chapter 4 CHAPTER 4 RIGHTS IN THE...

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Real Estate- Chapter 4 CHAPTER 4 RIGHTS IN THE LAND OF OTHERS I. Easements A. Definitions and Classifications 1. Easement - An interest in land that gives the owner the right to use the real estate owned by another for a specified purpose (ex: electricity lines). Must have these characteristics according to the Restatement of the Law of Property: a. The owner of the easement is entitled to use the land on a limited basis. b. The easement owner is entitled to protection from third parties in use of the land c. The easement owner is NOT subject to the will of the possessor of the land, as would be the case with a license d. An easement arises form facts other than possession of the land by its owner e. The easement is capable of conveyance(transferring) 2. License - A privilege to enter the premises for a certain purpose, which does not operate to confer on, or vest in, the licensee any title, interest, or estate in such property (ex: going to a football game by purchasing tickets, the license) 3. Profit a prendre - In interest in the land of another that confers rights of use and removal of the profits of the soil (ex: hunting deer). Rights to remove items from another’s property II. Characteristics of Easements A. Affirmative and Negative Easements
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This note was uploaded on 04/04/2008 for the course BUSI 127 taught by Professor Dhooge during the Fall '07 term at Pacific.

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CHAPTER 4 - Real Estate- Chapter 4 CHAPTER 4 RIGHTS IN THE...

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