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?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
A negative easement is a promise not to do something with a certain piece of property, such as not building a structure more than one story high or not blocking a mountain view by constructing a fence.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
When someone publicly moves into and improves an otherwise neglected property, they may acquire title to that property after a certain amount of time has passed. This is called "adverse possession," based on the idea that land should not sit idle.
There are four types of easements in Ontario. Express Grant. This is the most straightforward form of easement. ... Prescription. In this scenario, the Easement is granted due to adverse possession, or ?squatters rights?. ... Implication. ... Statute. ... Merge. ... Release. ... Cessation of Purpose.
?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.