EASEMENTS AND OTHER NONPOSSESSORY INTERESTS

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• EASEMENTS AND OTHER NONPOSSESSORY INTERESTS

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Easements

• A type of nonpossessory interest
• Others profits, licenses, privileges, and
  covenants
• Concept of run with the land and equitable
  servitude
• Nonpossessory the right to enter, or use for a
  specific purpose the land of another
• Easement liberty, privilege, or advantage in
  anothers property
• Dominant and servient
• Scope

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Easements

• Types of easements
• In gross
• Holder
• Commercial v. noncommercial
• Appurtenant
• Attaches to a particular tract of land
• Runs with the land
• Affirmative
• Right of way communications company energy
  company
• Negative
• Conservation scenic

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Easements

• Created by
• Express grant or reservation
• Necessity and implication
• Prescription
• Transfer
• If transferable
• Assignment
• All other appurtenances clause in the deed

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Easements

• Termination/extinguishment
• Merger
• Agreement
• Abandonment
• No longer necessary
• Taxation
• Income, estate, gift, generation skipping
• Inter-vivos testamentary retention of benefit
• Statute of Frauds (writing)