An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Colorado Sample Letter for Suggested Change in Legal Form Granting Easement
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ
An easement is a right agreed between a landowner and another party to use land for a particular purpose, and can be registered against the property's title. The land subject to the easement is the 'burdened land' (previously known as the 'servient tenement').
Easements are recognized and regulated under the law in British Columbia, Canada. An easement is a legal right to use someone else's property for a specific purpose, such as accessing a neighboring property or using a shared driveway. Easements can be created by agreement between property owners or by court order.
What Are Property Easements In Ontario? An easement is the right of the owner of a benefit (dominant tenement) over another's land (servient tenement). The benefit afforded to the dominant tenement is a right to prevent the servient tenement not to do something, such as, not build a structure on a driveway.
An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.
Non-use by the dominant owner is not sufficient to be considered a release of easement. There must be some action by the owner of the dominant tenement that demonstrates an intention to abandon or terminate the easement, and only the dominant tenement can be the one to release the easement.
In California, an easement is defined as a right granted to an entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access.
If the easement is a problem, it is possible to have them removed in extreme cases. There are eight legal ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release, which a solicitor can give further advice if needed.
