Free preview Easement, Covenant and Servitude
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Easement, Covenant and Servitude
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(1) The holders of an interest in any easement shall maintain the easement in repair.
Although covenants are similar to easements in that in both cases, the use of land is being restricted or enhanced by an obligation owed by the property owner to another party, real covenants differ from easements in that they are not considered ownership interests in land. Real covenants are promises.
Easement can also be called as a person's interest in another one's land for some specific purpose. Covenant just concerns the appropriate use of land. Unlike covenants, easements can be obtained through long usage.
An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not recorded, this will not affect the enforceability of the agreement among the parties thereto and any other person with actual notice of the agreement (105.175).
An easement gives someone who is not the owner, the right to use part of the property for a specific purpose eg, to access their own property. A covenant is an agreement listed on the land title that you enter into when you purchase the property.