Utility Easement Example For Land
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FAQ
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.
In the construction industry in India, the concept of the right of way refers to the legal right of a property owner or a construction company to access and use a particular area of land to build or develop infrastructure such as roads, bridges, railways, pipelines, etc.
Instead, the law will imply an easement exists. In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
A municipal water company may have an easement to access the private property and place pipes running through the property in order to best serve the utility needs of the community. The property owner remains the title owner, but the utility company's easement will also be listed in the property paperwork.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.