Emblements and Easements Flashcards

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Questions and Answers

What are emblements?

Crops made by cultivation legally belonging to the tenant with the implied right for its harvest, treated as the tenant's property.

What happens to the crops if an owner loses the title to the land?

It is personal property and will go with the owner.

What is appurtenance?

Something that belongs to and goes with something else.

Does appurtenance transfer with sale?

True Signup and view all the answers

What are easements?

Rights held by one person to use the land of another for a specific reason. Signup and view all the answers

Under the statute of frauds, easements must be?

in writing Signup and view all the answers

When talking about easement, ingress means and egress means:

Enter/Exit Signup and view all the answers

What are appurtenant easements?

Two properties owned by two different owners. Signup and view all the answers

What does dominant refer to in the context of easements?

Typically smaller Signup and view all the answers

What does servient refer to in the context of easements?

Property that is now serving your purpose. Signup and view all the answers

What are easements in gross?

No dominant tenement; property is being crossed without another property benefitting. Signup and view all the answers

What are easements by necessity?

Easement created by the court to allow access to a property. Signup and view all the answers

What is an easement by prescription?

An easement created by actions of one person against the interests of another. Signup and view all the answers

What is an explanation of easement by prescription?

When someone crosses your property for a long period and you give silent permission. Signup and view all the answers

How can easement be ended?

An agreement or release. Signup and view all the answers

There are 4 types of easements:

Prescriptive easement, Easement in gross, Implied easement, Easement by condemnation Signup and view all the answers

What is a prescriptive easement similar to?

Taking over someone's land or stealing land without permission. Signup and view all the answers

Easement in gross only involves and does not involve:

1 property; no dominant tenement. Signup and view all the answers

What is easement by necessity?

Created by the courts when necessary for property access. Signup and view all the answers

What is encroachment?

Physical intrusion of a structure on the land of another. Signup and view all the answers

Study Notes

Emblements

Emblements are crops cultivated by a tenant that legally belong to them, with an implied right to harvest.
If an owner loses title to the land, crops remain personal property and transfer with the owner.

Appurtenance

Appurtenance refers to items that belong to and accompany another property, whether attached or detached, like a barn to a house or an easement to land.
Appurtenances transfer to the new owner upon sale of the property.

Easements

An easement grants one person the right to use another person's land for a specific purpose, such as access to property.
Easements must be in writing according to the statute of frauds.
Ingress refers to the right to enter, while egress refers to the right to exit a property.

Types of Easements

Appurtenant easements involve two properties owned by different owners, categorized as dominant (benefiting) and servient (serving).
Dominant properties are typically smaller, while servient properties fulfill the purpose of the dominant property.
Easements in gross do not have a dominant tenement; they exist solely for a specific purpose, such as utility companies crossing properties.

Creation of Easements

Easements by necessity are judicially-created to allow access to a property when necessary.
Easements by prescription arise from long-term use of another's property, without permission and may lead to ownership if uninterrupted and hostile to the true owner.
Requirements for prescriptive easements include open and adverse use, continuous use, and being hostile to the true owner's rights.

Ending Easements

Easements can end through mutual agreement or release from the dominant tenement, merger of properties, or abandonment.

Additional Notes

Four types of easements include prescriptive, easement in gross, implied easement, and easement by condemnation.
Encroachment occurs when a structure intrudes onto another's land, constituting a form of trespass, which may lead to legal action against the neighbor.

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Description

Test your knowledge on important legal concepts like emblements, appurtenance, and easements with these flashcards. Each card provides a key term along with its definition, helping you understand property rights and related terminology. Ideal for students in real estate or law courses.