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An easement is a property right that provides its holder with a non-possessory interest on another person's land.If there are only personal individual benefits from an easement the term used is in gross. The majority of easements are affirmative, this means that they authorise the use of another person's land.
The fact that the party wall is defined as an easement, the right to use the wall is granted. The easement exist due to the fact that an agreement also exists between the two parties.
Easements are commonly granted to public utility companies, for example, for various power or plumbing lines. While you certainly do not need a lawyer to create or grant an easement to your neighbor, it might be a good idea to retain one.
There are four types of easement Section. 5 of Easement Act deals with the types of easement. It provides that the easements are either continuous or discontinuous ,apparent or non apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
An easement is a non-possessory interest in another person's property that gives someone the right to use another person's property for a specific purpose.The party granting the easement must sign the easement deed and have his or her signature acknowledged before submitting the document to the county recorder.
Give the document a simple title: Grant of Easement is sufficient. Identify the parties. You need to explain who the parties are to the agreement. The person granting the easement to his property is the Grantor and the person gaining access to the property is the Grantee.
Cross easements are reciprocal easements created by contract, the one being granted in favor of premises of one party in consideration of a grant by such party in favor of premises of the other party.
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.
Can You Fight an Easement? You might be able to successfully challenge an easement, but only if the circumstances are right. And be prepared to take the battle to court. It could be a simple matter if the holder of the easement such as your neighbor agrees to terminate the easement agreement.