Course Description
Easements come in a number of different forms and usually create two types of estates. Yet sometimes they create only one estate. Understanding the nature of the basic categories of easements is necessary when apprising the impact that an easement may have on a property and how it may benefit another property – or not. Some easements allow an active use of the property while others do not. Some are assignable, yet others are not. Some benefit a property; others do not. Easements are, on one hand, seemingly complex and confusing interests in real property, yet on the other hand, the estates created and basic types are fairly well-defined by the courts. In this tutorial, we will learn about the basic types of easements and the estates created thereby.
Pre-Requisite knowledge
It is highly recommended that Easements and Rights of Way Tutorial I (Defining the Interests) be viewed before taking this tutorial.
Learning Objectives
Upon completion of this course, the participant should expect to be able to:
- Identify the estates created by easements appurtenant and easements in gross
- Explain how the servient and dominant estates relate to each other in an easement appurtenant
- Describe how an easement in gross differs from an easement appurtenant
- Outline the difference between an affirmative easement and a negative easement
- Evaluate the potential for assignment or transfer of an easement
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