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Through what is known as a prescriptive easement, over a period of time others could gain the right to access, cross, or otherwise use a portion of your land without your consent.
Definition. ?A prescriptive easement grants a right to use the property of another based on prior continuous use by a party.? Magnuson v. Cossette, 707 N.W. 2d 738 (Minn.
Thus, the owner of the Servient Estate, the land subject to the Easement, is entitled to the full right of ownership and possession of the land, they just cannot do anything to interfere with the Easement rights that were given to the Dominant Estate. Easements are created for any number of reasons.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
Termination by Time or Abandonment An easement can also be terminated by ?merger.? This occurs when the owner of the property benefitted by the easement also becomes the owner of the property burdened by the easement. When this happens, the lesser interest (the easement) will merge into the greater (the fee title).
An individual who openly inhabits a property that he or she does not actually own and makes improvements over a certain period of time may be granted legal title under the legal doctrine of "adverse possession." Technically, the waiting period reflects the statute of limitations for a trespassing lawsuit.
A Minnesota right-of-way easement gives the owner of the easement the right to pass over, or go across, the land of another person. Federal and Minnesota highways, and railroad routes, are examples of Minnesota right-of-way easements.
An express easement is created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.