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Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
- Section 25 deals with the acquisition of easements by prescription. Sub-section (1) makes a two-fold provision. The first half deals with access and use of light or air to and for any building, which has been peaceably enjoyed with the building as an easement and as of right without interruption for 20 years.
For example, if Will owns 100 acres of land and grants 20 acres of that land to his son, Steve, that acreage has no road access. Steve would be able to claim an easement by necessity across Will's property to access the road.
An easement is a grant of one or more property rights by a property owner to and/or for the use by the public, a corporation, entity or persons. You cannot build anything on an easement that would infringe on the easement holder's limited use as conveyed by the grant of easement.
You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement in this case. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.