Maine Partial Release of Easement(s)
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How to fill out Partial Release Of Easement(s)?
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FAQ
Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.
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.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).
In the common a situation where an easement holder's driveway crosses the burden estate, and the holder is the only user of the way, then the easement holder is responsible for the maintenance and it's costs.
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
There are multiple kinds of easements recognized by Maine law and most do not have to be recorded at the registry of deeds. Easements by agreement, easements by estoppel, prescriptive easements, and easements by implication are all created by conduct and by the history of the use of the land.