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Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
Easements in New Jersey can be established in various ways, often involving legal procedures. Express easements are contractual and require signatures from both dominant and servient tenements. These are usually recorded with property deeds. Dealing with easement issues is best done before purchasing property.
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.