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Easements and Covenants Question and answers verified to pass 2024/2025
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Easements and Covenants Question and answers verified to pass 2024/2025 Easements and Covenants What is an Easement? - correct answer The right to use another's property for a specific use. Dominant vs. Servient Estates - correct answer Dominant - Land benefited by the easement Servie...

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  • October 8, 2024
  • 5
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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Easements and Covenants
What is an Easement? - correct answer ✔The right to use another's property
for a specific use.


Dominant vs. Servient Estates - correct answer ✔Dominant - Land benefited
by the easement


Servient - Land burdened by the easement, easement runs through)


Impertinent Easement - correct answer ✔Any type of easement where the
dominant estate is benefited by the servient estate. Can only be used to
benefit dominant estate


Runs with the land (subsequent buys of land get easement)


Negative Easements - correct answer ✔Prevents the servient estate from
using her land in a particular way, limited to LAWS:
L - LIGHT
A - AIR
W - WATER USE
S - SUPPORT


Any restriction not falling under LAWS is a covenant, not an easements


Affirmative Easements, PIGs, by Prescription - correct answer ✔An
easement by prescription is like AP and only requires a person to use
another's property for a statutory period without the owner's permission

, NY requires good faith, objective belief in the right to use another's land


Affirmative Easements, PIGS, by Implication (Quasi-Easement) - correct
answer ✔An easement by implication arises when you find a CRAB:
C - both dominant and servient states formerly owned by COMMON OWNER;
R - implied easement is REASONABLY NECESSARY for use/enjoyment of
dominant estate;
A - easement APPARENT from reasonable inspection of land; and
B - common owner formerly used the part of land that became servient for the
BENEFIT of land that became domionant


Affirmative Easements, PIGS, by Grant - correct answer ✔An easement by
grant arises when the servient estate holder gives a neighbor the express
right to use her land as an easement


Affirmative Easements, PIGS, by Strict Necessity - correct answer ✔An
easement by strict necessity requires a common owner to subdivide land,
leaving one parcel landlocked with no access to a public way


Profit - correct answer ✔An easement that allows the profit-holder to sever
and remove something from another's land (e.g. right to hunt or fish or remove
oil)


Easement in Gross - correct answer ✔An easement that does not benefit
land but personally benefits the easement holder


Extinguishing an Easement, Profit, or CRL - correct answer ✔You can
extinguish any of the three by A CRAM:

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