ADMS 2610 Lecture Notes - Lecture 10: Concurrent Estate
9 Sep 2016
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Fee simple: estate in land representing the greatest interest in land. Passed down by will or would devolve to the person"s heirs. A right to use someone else"s land for a specified purpose. ~ have the ability to reach river, place a telephone or gas line. Dominant tenement: parcel of land an easement attaches for its better use. Servient tenement: a secondary parcel of land subject to a right-of-way/ easement. One maybe granted an easement by an express grant (permission) Gives owner permanent right that will be binding on future owners. Easements can occur as rights of way necessity. Can"t be landlocked and need access to your property. Prescriptive easement: person claiming easement uses property openly and continuously (20) If owner fails to stop it within 20 year period, access is permitted by law. Owner of the property may exercise some control over its use after an easement. Cannot be against public policy + needs to be reasonable.
