June 16, 2017
What is an Easement?
An easement is any nonpossessory interest in the real property of another person. Easements typically run with the land and are not personal to an individual.
If Parcel A has an easement over Parcel B for ingress and egress to a public road, that easement would run with both Parcel A and Parcel B. Parcel A which is benefited is the Dominant Tenement. Parcel B which is the burdened parcel is called the Servient Tenement.
How is an Easement created?
An easement can be created in three ways. The first is an Express Easement that is created by written agreement. Next is by prescription, which is created when there has been exclusive use fo the property for at least 20 years. The final type is created by necessity, the owner of the Dominant Tenement has to have the easement to have access to their property.
What are Typical Easement Disputes?
The typical disputes over easements occur when there is disagreement over the existence of an easement in a prescription or necessity case. Also, there can be disputes over the extent of the easement, that is the use and amount of use the easement can be put to by the Dominant Tenement.
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