SUMMARY
Volume 1 of this 2015 award-winning series includes chapters covering preliminary considerations through acquisitions and dispositions. PDF Download with 1 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 11
EASEMENTS
Mark A. Manulik
§ 11.1 DEFINITIONS, COMPARISONS, AND DISTINCTIONS
§ 11.1-1 In General
§ 11.1-2 Easements Appurtenant and in Gross
§ 11.1-3 Affirmative and Negative Easements
§ 11.1-4 Conservation Easements
§ 11.1-5 Other Statutory Easements
§ 11.2 CREATION OF EASEMENTS
§ 11.2-1 Drafting and Interpreting Easements
§ 11.2-2 Creation of Easements by Prescription
§ 11.2-3 Creation of Easements by Implication
§ 11.3 RIGHTS AND DUTIES OF PARTIES
§ 11.3-1 Scope of Express Easements
§ 11.3-2 Scope of Easement by Implication and Prescription
§ 11.3-3 Maintenance and Repair
§ 11.3-4 Enforcement
§ 11.3-5 Transfer of Interests in Easements
§ 11.4 TERMINATION
§ 11.4-1 Completion, Destruction, and Expiration
§ 11.4-2 Release and Estoppel
§ 11.4-3 Merger
§ 11.4-4 Abandonment
§ 11.4-5 Prescription
§ 11.4-6 Misuse
§ 11.5 HIGHWAY ACCESS; WAYS OF NECESSITY
§ 11.5-1 Abutting Landowner’s Right of Access to Public Road
§ 11.5-2 Way of Necessity
§ 11.5-3 Highways
§ 11.6 CHECKLIST OF CONSIDERATIONS IN DRAFTING EASEMENTS
§ 11.6-1 Selection of General Form of Document
§ 11.6-2 Statement of Purpose of Easement
§ 11.6-3 Type of Easement: Appurtenant or in Gross
§ 11.6-4 Use of Easement
§ 11.6-5 Location of Easement
§ 11.6-6 Consideration
§ 11.6-7 Duration
§ 11.6-8 Maintenance and Repairs
§ 11.6-9 Indemnification and Insurance
§ 11.6-10 Taxes
§ 11.6-11 Remedies
§ 11.6-12 Parties
Form 11-1 Form of Access Easement