An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In this agreement, co-owners of an easement agree to share the costs and expenses of maintaining the easement.
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Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner.
An owner of an easement can deliver an express written release to the owner of the Servient Estate and thereby terminate the easement. Fla.
To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
Easement is Expiring Some easements may have a clause that says they will expire upon a specific date or when a certain event takes place. You would want to look through your easement documents or have your attorney review them to see if there is such a provision.
In South Carolina, there are two general types of easements: expressed and implied. Express easements are written and created by contract, deed or another kind of writing. South Carolina has recognized easements by implication. There are different types of implied easements by necessity and by prior use.
