How do you convey an easement?

The grantor, or servient tenant, can simply sign an easement agreement that conveys the easement to the grantee, the dominant tenant. The parties also may create an easement in a deed that conveys the dominant or servient land.

When does an easement need to be registered as an appurtenant?

It will be an overriding interest on first registration (paragraph 3 of Schedule 1 to the Land Registration Act 2002). However an application can be made under rule 73A (1) (a) of the Land Registration Rules 2003 for the easement to be registered as appurtenant to the registered estate in the dominant land.

Is the easement Registration Act 2002 a general guide?

This guide deals with the registration of easements under the Land Registration Act 2002. It does not seek to be a general guide to the law concerning easements. We have additional requirements if an easement has arisen by prescription.

How is abandonment established in an easement case?

In Brookville Pty Ltd v O’Loghlen [2007] VSC 67 , Kaye J found that in order to establish abandonment, the plaintiff must prove that the owner of the dominant tenement intended to relinquish their rights to the easement forever.

When does a prescriptive easement need to be created?

Another way easements can arise without being expressly created is under a common law rule called prescription. A prescriptive easement can be acquired by what is called ‘long user’ or 20 years of continuous use.

How does an easement holder terminate the easement?

The easement holder may unilaterally terminate the easement by executing, delivering, and recording a written release of the easement or a quit claim deed conveying the easement back to the owner of the servient estate. 2.

Is the appurtenant easement mentioned in the deed?

Thus, appurtenant easements do not have to be mentioned in the deed that conveys the lands they benefit, although it is a better practice to do so. The property which is benefitted by the easement, and for which the easement was created, is called the “dominant estate.”

Can a property owner sell an easement to a neighbor?

The owner of the property onto which a neighbor’s building, a fence, the eaves of a building, etc., encroaches may not wish to sell to his or her neighbor the portion of his or her property encroached upon, but may be willing to sell them an easement to allow them to use that portion of the property for the encroaching structure.

When does your spouse have to sign off on your property?

1) If you are married and you own property your spouse must sign off on matters related to the property. This is true even if you owned the property prior to your marriage and even if you were deeded or otherwise transferred property without your spouse being listed as an owner.