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Questions and Answers
What are emblements?
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?
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?
What is appurtenance?
Something that belongs to and goes with something else.
Does appurtenance transfer with sale?
Does appurtenance transfer with sale?
What are easements?
What are easements?
Under the statute of frauds, easements must be?
Under the statute of frauds, easements must be?
When talking about easement, ingress means and egress means:
When talking about easement, ingress means and egress means:
What are appurtenant easements?
What are appurtenant easements?
What does dominant refer to in the context of easements?
What does dominant refer to in the context of easements?
What does servient refer to in the context of easements?
What does servient refer to in the context of easements?
What are easements in gross?
What are easements in gross?
What are easements by necessity?
What are easements by necessity?
What is an easement by prescription?
What is an easement by prescription?
What is an explanation of easement by prescription?
What is an explanation of easement by prescription?
How can easement be ended?
How can easement be ended?
There are 4 types of easements:
There are 4 types of easements:
What is a prescriptive easement similar to?
What is a prescriptive easement similar to?
Easement in gross only involves and does not involve:
Easement in gross only involves and does not involve:
What is easement by necessity?
What is easement by necessity?
What is encroachment?
What is encroachment?
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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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