Real Property
A legal right to use another person's land for a specific, limited purpose.
An easement gives one party the right to use another party's property for a defined purpose without owning it. The land that benefits is the dominant estate; the land burdened is the servient estate. An easement appurtenant runs with the land and transfers automatically when either property is sold. An easement in gross is a personal right that does not transfer. An easement by prescription is acquired through open, continuous, hostile use for 10 years in New York.
Exam Tip
Appurtenant = runs with the land. In gross = personal right. By prescription = similar to adverse possession (10 years in NY).
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Real Property
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NY Real Estate Real Property
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