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You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.
An owner of real property in Colorado may create an easement by a written document, which can be in the form of a deed, easement agreement, or other document including the language of a conveyance or grant. An easement must be classified as affirmative or negative.
The owner of the land over which the easement runs is not allowed to interfere with the easement, even though the owner owns title to that land.
Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.
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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
Legal Requirements The property must possess one or more of the following elements to be considered eligible for a conservation easement that will generate federal and state tax benefits: Relatively natural habitat for fish, wildlife, or plants; Open space (including farmland or forest land); and/or.