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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.
In the absence of terms and conditions that specify otherwise, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to and from such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way ...
As a property owner, you are responsible for regularly maintaining the trees on your property to prevent interference with the service line that runs from the utility pole to your home or business. To complete this maintenance, contact a qualified tree professional.
Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
To establish adverse possession in Connecticut, several elements must be met. The person claiming adverse possession must show that their use of the land has been open, notorious, continuous, exclusive, adverse, and under a claim of right for a minimum of 15 years.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
This type of easement is called an affirmative easement. For example, an affirmative easement could be: A power company's right to place a power line on someone's property. A homeowner's right to connect to a neighbor's sewer system.