Who is entitled to use an easement appurtenant?

An “easement appurtenant” benefits another plot of land and runs with the land, regardless of who owns it. An easement holder may use the easement in any reasonable manner, notes FindLaw. This provides broad latitude for the easement holder.

What are the three types of easement laws?

What are the three types of easements? 1 1. Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered. For example, a public 2 2. Easement appurtenant. 3 3. Prescriptive Easement.

Can a court award damages to an easement holder?

If the Easement Holder damages the easement the court can award monetary damages from the Easement Holder to the Owner of the Servient Estate for injury to the Servient Property or cause the Easement Holder to lose the right to use the Easement.

What happens if someone interferes with an easement?

Interference with an easement is a form of trespass, and courts frequently order the removal of an obstruction to an easement. If interference with an easement causes a reduction in the value of the dominant estate, courts may also award compensatory damages to the easement holder.

Can a company get an easement from the government?

This can become a complex matter if both state and federal government agencies have involvement in the land when the state government needs an easement on federal land. However, granting an easement to a person or company is possible when the party only needs an easement on either state or federally-owned land.

When to petition the courts for an easement?

One of the primary needs for an easement is landlocked property. When a company or person needs access to land connected to the current parcel, it is sometimes possible to petition the courts for this process. The problem may appear when the government agency does not want to grant the easement because of the use the land has for the government.

Can a state relinquish jurisdiction on an easement?

In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable.