Podcast
Questions and Answers
Sandra Chow granted her neighbor an easement to cross her property. Which action terminates this appurtenant easement?
Sandra Chow granted her neighbor an easement to cross her property. Which action terminates this appurtenant easement?
- The dominant tenement owner releases the easement via quitclaim. (correct)
- The servient tenement owner builds a fence preventing access.
- The dominant tenement owner abandons the easement.
- The servient tenement owner sells the land.
An easement allows a neighbor to cross property to reach the road. If Sandra purchases the neighbor's property, what happens to the easement?
An easement allows a neighbor to cross property to reach the road. If Sandra purchases the neighbor's property, what happens to the easement?
- The easement is suspended until the new owner decides to use it.
- The easement is terminated due to merger. (correct)
- The easement remains and benefits any future owners of Sandra's property.
- The easement is automatically transferred to a new owner of the property.
Which scenario is least likely to terminate an appurtenant easement, such as the one granted by Sandra to her neighbor?
Which scenario is least likely to terminate an appurtenant easement, such as the one granted by Sandra to her neighbor?
- A specific agreement between property owners to end the easement.
- The dominant and servient tenements are purchased by the same entity.
- The demolition of the building benefitted by the easement.
- The dominant tenement owner conveys the land without mentioning the easement. (correct)
Sandra's neighbor is granted a right of way. Which action could terminate only this type of easement?
Sandra's neighbor is granted a right of way. Which action could terminate only this type of easement?
Which action would be most effective for the neighbor to intentionally terminate the easement obtained from Sandra?
Which action would be most effective for the neighbor to intentionally terminate the easement obtained from Sandra?
Flashcards
Appurtenant Easement
Appurtenant Easement
A type of easement that benefits a specific piece of land (dominant tenement) and allows the owner to use another piece of land (servient tenement).
Merger
Merger
When the dominant and servient tenements become owned by the same person, the easement terminates.
Quitclaim Deed
Quitclaim Deed
A deed that releases the easement rights of the dominant tenement owner.
How Merger Terminates Easements
How Merger Terminates Easements
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How a Quitclaim Deed Terminates Easements
How a Quitclaim Deed Terminates Easements
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Study Notes
Easement Termination
- An appurtenant easement, where one property (dominant tenement) has the right to cross another (servient tenement) will end if the properties merge into a single ownership.
- The easement is also terminated if the dominant tenement owner releases their right to the easement through a quitclaim deed.
- Therefore, both merger and a quitclaim deed from the dominant tenement owner will terminate the easement.
- Correct answer: C (A and B)
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