EasementLec - Easement that is attached to an individual...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
SECONDARY RIGHTS OR INTERESTS 1. EASEMENTS An interest which is held by one person (A) over another person’s (B) land, usually limited to a specific use (a) Affirmative or Positive Easement (e.g. ROW): A B This type of easement allows A to do some act on B’s land (b) Negative Easement: This type of easement prevents the servient estate holder from carrying out some act (e.g. easement for light, air or scenic value, conservation easement) [See http://ohioline.osu.edu/cd-fact/1261.html for description of Conservation Easements] Dominant Estate Servient Estate [Pages 22-24]
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
SECONDARY RIGHTS OR INTERESTS (c) Appurtenant Easement: An easement that benefits the dominant estate and attaches to the land, not holder, e.g. ROW easement over B is appurtenant to parcel A (“runs with the land”) A B (d) Easement in Gross:
Background image of page 2
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Background image of page 4
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Easement that is attached to an individual not a parcel of land, e.g. hunting and fishing rights Dominant Estate Servient Estate HOW ARE EASEMENTS CREATED? • Deed of Easement (most common) • Condition in Deed of Conveyance • Will • Prescription • Specific document It is generally assumed that a conveyance includes all easements that are apparent and obvious and necessary for the fair enjoyment of the property HOW ARE EASEMENTS EXTINGUISHED? • when a set condition stated in easement is met • specific agreement of parties • abandonment • merger of dominant and servient estate holder (cannot hold an easement over your own property) Once extinguished, easements are not revived again unless specifically created through one of the mechanisms listed above....
View Full Document

{[ snackBarMessage ]}

Page1 / 4

EasementLec - Easement that is attached to an individual...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online