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The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Kinds/ Types of Easement -

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

A permissive easement is simply permission to use the land of another. It is essentially a license, which is fully revocable at any time by the property owner.Use of this road is permissive and may be revoked at any time by the owner."

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

LEASE: A lease is a contract where a landlord agrees to give a tenant the exclusive right to inhabit or occupy real property, such as a house, apartment or office.An easement, like the license, is the owner's permission to use OR prevent the use of the owner's real property.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

Delaware Easement Agreement

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FAQ

Who is the dominant owner of an easement?

What are the rights of an easement holder?

What is easement and its types?

Can you trespass on an easement?

What are the two basic types of easements?

What is a permissive easement?

Can you build a fence on an easement?

What is the difference between a lease and an easement?

What rights does an easement holder have?

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