Thursday, February 16, 2017

Easements in General : Land Investing 101

Okay, the secret is out.  I am currently studying for my bar exam.  In the process, I must study real property law and other areas of law that pertain to real estate and may be helpful to a real estate or land investor.  I figured since I was studying anyways, I might as well put each topic one video at a time.  I also started a YouTube channel which can be seen here.

Easements are a non-possessory interest in land.  They allow someone not in possession of the land the have the right to use the land for some purpose.  In other words, easements allow you to use the land possessed by someone else. 

For example, if the owner of X Acre allows the owner of Y Acre to use a path on his property to access another piece of land, this is known as an easement.  There are two types of easements.  The affirmative easement and the negative easement.  Very similar to how they sound, the affirmative easement gives the right to do something on the land or property and the negative easement restricts the land owners from doing something on the property. In other words a negative easement compel a servient tenement to refrain from in engaging in a activity on the property. 

The land that is burdened by the easement (the land that must allow an activity ie like a driveway) is called the servient tenement.  Let me explain further.... 

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