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January 2, 2023 /by Evans Law. Easements allow property owners to grant access to their land without also turning over ownership of that land. However, there can be some confusion when the property is later given away, sold, or inherited.
Building Guidelines Fences cannot be built within access easements. If a fence is erected within an easement and is required to be removed, it is done at the owner's expense.
Easement by prescription, also known as prescriptive easement, is a legal concept that allows an individual to use a portion of another person's property based on long-term, consistent, and open use of that property without the owner's explicit permission.
Expiration. The simplest way an easement can terminate is if the time period for the easement's existence expires. ... Merger of Title. ... Release or Abandonment by the Easement Holder. ... Cessation of the Purpose of the Easement. ... Destruction of the Servient Tenement. ... Prescription.
The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents.
These easements are maintained by the County. Easements in a residential subdivision draining to a County right-of-way not conveying "public" water shall be specified as a "Private Drainage Easement" unless otherwise specified by the County.