The legal term “easement” refers to
the legal right to use another person’s real property
, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions.
Who is the dominant owner of an easement?
Land affected or “burdened” by an easement is called a “servient estate,” while
the land or person benefited by the easement
is known as the “dominant estate.” If the easement benefits a particular piece of land, it’s said to be “appurtenant” to the land.
What are the three types of easements?
- Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered. …
- Easement appurtenant. …
- Prescriptive Easement.
Can a property owner block an easement?
Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. … Moreover, the courts have also ruled that the owner of property with an easement running over it
does not have the right to block
or impair the effective use of the easement.
Can you be forced to give an easement?
If a person is unable to negotiate an easement with their neighbour,
section 88K of the Conveyancing Act 1919
(NSW) provides a mechanism to forcefully create an easement even against the neighbour’s wishes by application to the court.
What are the 4 types of easements?
There are four common types of easements. They include
easement by necessity, easement by prescription, easement by condemnation, and party easement
.
How do easements affect property value?
An easement
can decrease the value of a real estate
, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.
What are the two basic types of easements?
There are two types of easements:
affirmative and negative
. An affirmative easement gives the easement holder the right to do something on the grantor of the easement’s land, such as travel on a road through the grantor’s land.
What are the two types of easements?
The first is “prescriptive easements”, the
second is “implied easements
” and the third is “easements by estoppel”.
What is an easement vs right of way?
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a
type of easement that establishes the freedom to use a pathway or road on another’s property without conferring ownership
.
What happens if you build over an easement?
Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be
able to put a sewer under it
or a structure over it.
What is considered blocking an easement?
Have the Easement Dismissed When the Owner Sells the Land
Thus you can block a new easement from being attached to your land when the original easement holder sells his land or interest. Easements appurtenant and easements by reservation, however, automatically pass and a new sale cannot block it.
Can you build a fence on an easement?
An easement is the right to use a part of your property, by a third party, for a specific purpose. …
You can’t build on an easement
. Nothing – not even a fence or part of a fence. If you do, you’ll have to take it down and compensate for any damages you might have caused.
Can I say no to an easement?
Denying an Easement
Since an easement is a request for use of your property, you
have the right to deny it
. However, if it’s a public entity that is requesting the easement, such as the local government, they may take you to court.
How do you extinguish an easement?
There are eight ways to terminate an easement:
abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release
.
How do I calculate easement compensation?
Compensation is calculated
having regard to the value of the relevant land together with any loss in value to the balance of the land
. Such compensation cannot exceed the difference in value (if any) of the affected property before and after creation of the easement.
