What is a defined easement?

n. the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.

Which is an example of an easement on a property?

If we look at the example of a carriageway, the easement will burden the lot it is over, but benefit the lot that it allows access to. Right-of-way easement (easement of way) – is where people are allowed to pass through a defined strip of land on the property.

When is an easement in gross not appurtenant to the estate?

If B sells A a right of way across his or her land, it is a right that is appurtenant to A’s land and can only be used in connection thereof. An easement in gross is not appurtenant to any estate in land. It arises when a servient piece of land exists without a dominant piece being affected.

Where does an implied easement come from for a sewer line?

The seller has an implied easement to use the sewer pipe that runs under the purchaser’s land. An easement by prescription arises through an individual’s use of land as opposed to the possession thereof.

What is the difference between an affirmative easement and a negative easement?

An affirmative easement entitles the holder to do something on another individual’s land, whereas a negative easement divests an owner of the right to do something on the property.

What does it mean to have an easement on your property?

An easement is one person’s right to use land for a certain purpose when it is owned by someone else. If there is an easement on your land , the property is yours, but other people can use it or access it.

What are the effects of a prescriptive easement?

Impact of Prescriptive Easement 1 Property Interest: Right to Use, Not Ownership. If a prescriptive easement is established, it conveys only a right to use the property, and conveys no ownership interest. 2 Diminished Value of Burdened Property. 3 Owner May Not Interfere With Easement Holder’s Rights.

Where can I find a transferable easement on my property?

Generally, transferable easements are listed on a deed or other legal documents disclosed when purchasing the property. It’s your responsibility to check for easements before erecting or building on any area of your property.

Can a property owner force an easement to be removed?

The owner of the easement can take legal steps to force the owner of the property to remove it. You should know where all easements are located and what restrictions are associated with them before you purchase a property. Not every easement is found on the face of property deeds like warranty or grant deeds.