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An easement is the legal right to use the land owned by someone else. A common easement is an area people are allowed to cross over to reach a destination. If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
Common easements Utility easement: A utility company may access a property for things such as power or water lines. Prescriptive easement: Use of a property is granted for a defined period of time. Public easement: Access to a property is granted for public use.
On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.