1. introduction: the power of legislature to allocate wealth

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Easement appurtenant = benefit of easement attaches to a particular piece of land and is usable by whoever is the owner of that piece of land

  • Easement in gross = for the benefit of some individual or entity who does not own land in the neighbourhood to which the easement is attached

  • Affirmative easement = requires the owner of the easement to permit something to be done on it (i.e. right of way)

  • Negative easement = when the owner of the servient tenement is prohibited from doing something

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