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For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
To have a private road become public, the following process must happen: The requestor must go before the Planning Board to be approved by them. The Town Engineer will then provide their feedback to the Planning Board. This will need to be petitioned to the Town to take over the road.
The easement permitting a portion of your neighbor's garage on your property is an easement appurtenant that happens to be an affirmative easement. Your neighbor's right to use the trail along your property as a shortcut to the beach is also an easement appurtenant that is an affirmative easement.
On this page you'll find 13 synonyms, antonyms, and words related to easement, such as: access, passage, legal right, and means of access.
With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.