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Questions and Answers
An easement grants the owner the right to occupy the land it covers.
An easement grants the owner the right to occupy the land it covers.
False
Leases may be present in both commercial and residential properties.
Leases may be present in both commercial and residential properties.
True
Easements can be terminated and removed from Schedule B2 commitments.
Easements can be terminated and removed from Schedule B2 commitments.
True
The holder of an access easement can build a storage shed on the easement tract.
The holder of an access easement can build a storage shed on the easement tract.
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All easements provide the right of possession to the easement holder.
All easements provide the right of possession to the easement holder.
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Study Notes
Easements and Leases
- Easements and leases are interests in land, impacting nearly all transactions involving land.
- Leaseholder estates are present in residential transactions, particularly co-ops.
- Easements and leases have dual natures: they can be exceptions on a policy or insured interests.
Types of Easements and Insurability
- Different easements exist, some insurable, some not.
- Insured appurtenant easements are commonly seen in lot and block transactions.
- Encroachment issues are frequent with easements.
Dealing with Encroachments
- Encroachments (structures extending into easements) are a key issue.
- Form 9 coverage can be provided for some encroachments (e.g., concrete), while others (e.g., pools) may not be covered, requiring Schedule B2 exceptions.
- Deleting a general survey exception without a proper survey can create future claim scenarios.
- Encroachments may not warrant removal, even if they exist within an easement, depending on usage and the degree of encroachment, as illustrated by the Kitzinger versus Gulf Power case.
- Prescriptive easements can be indicated by property use, such as a road or drainage ditch.
Easement Creation and Termination
- Easements can be created by deeds, plats, declarations of covenants, and restrictions, or declarations of easement.
- Easement scope is limited to the instrument creating it.
- Easements can be terminated in various ways.
- Important to understand when and how to take exception to leases and remove them from Schedule B2. Dangers of removing without proper investigation highlighted.
Appurtenant Easements
- Appurtenant easements are permanent land improvements that are part of the fee.
- An access easement across one lot for a beneficial property, like a lake or roadway, is appurtenant.
- The "dominant estate" benefits from the easement.
- The "servient estate" is burdened.
- Gaps in the legal descriptions (between lots) make appurtenant easements uninsurable.
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Description
Test your knowledge on easements and leases, key interests in land that influence property transactions. Explore different types of easements, their insurability, and issues related to encroachments. This quiz will challenge your understanding of these crucial concepts in real estate law.
