Legal Aspects of Real Estate: Module 1 & 2 (Part 2)

What is license?

a permission granted by competent authority to engage in a business or occupation or in an activity otherwise unlawful

What is profit?

a financial gain, especially the difference between the amount earned and the amount spent in buying, operating, or producing something

What is easement appurtenant?

is a legal right that allows the owner of one piece of land to use a neighboring piece of land for a specific purpose.

What is dominant estate (dominant tenement)?

is the parcel of real property that has an easement over another piece of property (the servient estate)

What is servient estate (servient tenement)?

A piece of land burdened by a right of way or other easement that provides a benefit to a distinct piece of property known as the dominant estate

When does an easement pass with title to the land?

an easement provides a legal right for one party to use a portion of another person’s property for a specific purpose. This right can affect a property owner’s ability to use their own land and has implications for future owners. A central question for property owners is whether this right is permanently tied to the property or if it is a temporary agreement, as this distinction dictates how the land can be used.

What is easement by necessity?

is defined as an “easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road”

What is implied easement (easement by implication)

an easement provides a legal right for one party to use another person’s land for a specific purpose. While many easements are formally created and recorded in written documents, some are not.

What is easement by prescription (prescriptive easement)?

allows someone other than the property owner to gain the right to use a property.

What is adverse possession?

refers to a legal principle that grants title to someone who resides on or is in possession of another person's land.

Who has the duty to maintain and repair an easement?

an easement provides one party, known as the dominant estate, the right to use another person’s land for a specific purpose. The property upon which the easement is located is called the servient estate. This legal arrangement allows for uses such as a driveway to access a landlocked property or for utility lines to cross a parcel of land. A frequent point of confusion and conflict arises over who bears the financial and physical responsibility for keeping the easement in a usable condition. Understanding these obligations is a function of the legal agreement and, in its absence, established legal principles.

What is conservation easement?

is a power invested in a nonprofit organization called a land trust, or a governmental entity to restrict, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes.

How can an easement be terminated?

an easement can be terminated through various methods, including mutual agreement, abandonment, merger, and expiration.