EASEMENTS AND OTHER NONPOSSESSORY INTERESTS

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 another’s property –Dominant and servient –Scope

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

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

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)