BUS 23 Lecture Notes - Lecture 8: Easement
1 Dec 2020
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Building restrictions and zoning encroachments: easements (right to use another"s land, easement - interest in land owned by another person consisting of the right to use/control land. Ingress - right to enter: egress - right to exit. "created for and beneficial to" the owner of adjoining/attached land (ex) 2 parcels of land -> 1 owner giving another owner an easement. Dominant tenement - land that obtains benefit of easement. Owner of servient tenement cannot terminate easement; it must "serve" the dominant tenement. "appurtenant easement" goes with land, whereas "easement in gross" goes to person. Easement in gross doesn"t attach to particular land/dominant tenement. Created for benefit of others who don"t have adjoining or attached lands (ex) utility company obtaining right to run gas lines across your land ->> servient tenement. Unlocated easement - property owner giving right to cross their land and not limit how/where a person would have to cross.
