FYI
An easement is a right of use over someone else's land, granted through a legal agreement or by necessity, allowing specific activities like access, utilities, or preservation.
Types of Easement
1. Affirmative Easement: Grant's the right to use the land in a specific way (eg, access to a road.)
2. Negative Easement: Restricts the property owner from doing something on their land that would be otherwise permitted. (eg, blocking a view.)
3. Appurtenant Easement: Benefits a specific property (the "dominant estate") and burdens another property (the "servant estate")
4. Easement in Gross: Grant's the right to use the land to an individual or entity, not tied to a specific property (eg, a utility company's right to access for repairs.)
5. Prescriptive Easement: Acquired through continuous, open and uninterrupted use of another's property. (eg, a path used for many years.)
6. Utility Easement: Allows utility companies access to property to install and maintain services (eg, power lines and water pipes.)
7. Conservation Easement: Limits the use of the land to protect natural resources, such as endangered species, ecosystems.
How Easements are Created
1. Express Grant: A written agreement between parties granting the Easement
2. Implied Easement: Arises from circumstances, such as when property is divided and a necessary access route is Implied.
3. Easement by Necessity: Created when a property is landlocked and needs access to a public road or utility
4. Easement by Prescription: Acquired through long-term, open and uninterrupted use.
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