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From: haral@ttidcb.UUCP (Haral Tsitsivas)
Newsgroups: net.legal
Subject: Re: Easements
Message-ID: <555@ttidcb.UUCP>
Date: Sat, 23-Nov-85 21:27:14 EST
Article-I.D.: ttidcb.555
Posted: Sat Nov 23 21:27:14 1985
Date-Received: Tue, 26-Nov-85 08:27:56 EST
References: <2862@brl-tgr.ARPA> <518@cxsea.UUCP> <10971@ucbvax.BERKELEY.EDU>
Reply-To: haral@ttidcb.UUCP (Haral Tsitsivas)
Distribution: net
Organization: Transaction Technology, Inc. (CitiCorp), Santa Monica
Lines: 39
Keywords: appurtenant, gross

In article <10971@ucbvax.BERKELEY.EDU> spp@oz.UUCP (Steve Pope) writes:
>
>Actually it is possible that an easement is created if a
>specific use has been made of the land for a statutory
>length of time.  I think it's called an "easement by
>appurtenant" or something like that.  
>
>As I understand it though, such an easement is never acquired
>by the general public, only by a specific property owner,
>and that owner retains it only until he dies or sells the
>property.
>
>steve

Actually, an easement is defined as the limited right to make use of
the land of another in a specific manner, created by the acts of the
parties or by operation of law, and having all the attributes
of an estate in the land itself.  

The rights and duties created by appurtenant easements pertain to the
land itself and not the particular individuals who may have created
them.

Gross easements are personal or specific to the individual who received 
the right and do not depend upon the ownership of the land and amount
to little more than an irrevocable personal right to use.

In short, appurtenant easements are transferrable according to ownership
of the land where gross easements are not transferrable.

In addition, easements may be created by: 1) express grant or reservation,
2) implied grant or reservation, 3) necessity, 4) dedication, and 
5) prescription (use of land owned by another that is a: adverse to
the rightful owner's use, b: that is open and notorious, and 3: that is
continuous and uninterrupted for a specific period of time).

--Haral Tsitsivas
...{randvax, philabs, vortex, trwrb}!ttidca!haral