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Chapter 49 - Real Property

Chapter 49 - Real Property - Chapter 49 Real Property I...

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Chapter 49 – Real Property I. Nature of Real Property a. Land i. Composed of the soil and all things of a permanent nature affixed to the ground, such as herbs, grass, trees, and other growing, natural products 1. Also includes the waters on the ground and things that are embedded beneath the surface b. Easements i. The right to use another’s property, such as the right to cross another’s land 1. The easement belongs to the land that is benefited a. Benefited land is called the dominant tenement b. Land that is subject to the easement is called the servient tenement ii. Creation of Easement: 1. Because an easement is an interest in land, an oral promise to create an easement is not binding because of the statute of frauds 2. Easement created by agreement is transferred by deed 3. May also be created by implication a. Easement by implication: i. Easement not specifically created by deed that arises from the circumstances of the parties and the land location and access 1. Example, if water pipes or drain pipes run from the part of the land conveyed through the retained, there is an implied right to continue using the pipes b. The use must be apparent, continuous, and reasonably necessary c. Easement by implication arises when one subdivides land and sells a portion to which no entry can be made except over the land retained or over the land of a stranger i. Way of Necessity:
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1. Grantee’s right to use land retained by the grantor for going to and from the conveyed land 4. May be created by prescription: a. A person acquires an easement by adverse use, or use contrary to the landowner’s use, for a statutory period iii. Termination of Easement: 1. Once an easement has been granted, it cannot be destroyed by the act of the grantor 2. An easement may be lost by nonuse when surrounding circumstances show an intent to abandon the easement c. Profits i. Rights to take part of the soil, subsurface materials, or resources or produce from land that belongs to another 1. Example, right to remove coal from the land of another and the right to use water from another’s land d. Licenses i. Personal, revocable privilege to perform an act or series of acts on the land of another 1.
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