This form grants the nonexclusive right to make use of the Grantors existing road.
This form grants the nonexclusive right to make use of the Grantors existing road.
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Thus, he must show that the user was open and notorious, that it was with the knowledge and acquisition of the owner of the servient tenement that the use was continuous and uninterrupted hostile and under a claim of right, exclusive and continued for the period requisite for the acquisition of an easement by ...
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 means a right that the owner or the occupier of certain land has in his possession for the beneficial enjoyment of the said land. It can be said that the right to use or restrict the use of the property of some other person. An easement cannot be transferred except the dominant heritage.
The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention.
An easement means a right that the owner or the occupier of certain land has in his possession for the beneficial enjoyment of the said land. It can be said that the right to use or restrict the use of the property of some other person. An easement cannot be transferred except the dominant heritage.