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An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
An easement is a right to make certain types of use of property. The most common is the right to build a road across someone else's land (or use a road) in order to get access to your own land. Another common easement is the right to cross someone's land in order to get to a railroad track or access to the ocean.
The easement rights of ditch owners are confirmed in Idaho law at Idaho Code section 42-1102. This statute confirms an easement, or right-of-way, for the ditch user. This is called the "primary easement." The primary easement allows a ditch user to convey water over land of another through a ditch, canal or conduit.
Servient Tenement: The property burdened by the easement. Most often referred to as the ?burdened property.? This is the property over which the easement holder enjoys the easement rights. Dominant Tenement: For an ?appurtenant easement' (or ?easement appurtenant?), the property benefited by the easement.
The roadways along irrigation canals are public property. 1.
Easement: A non-Possessory limited right to use another's property in a manner established by express or implied agreement. For example, the right to use a road to get to your property, or the right of a utility company to bury a cable on your property at a certain location.
In Idaho, as in other states, the landowner retains land ownership but allows limited access or use to another party?the easement holder. If you're in Idaho and considering an easement arrangement, remember this crucial tip: always opt for a written agreement instead of an implied, unwritten one.