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Utility easements in Indiana are recognized by two sources of authority: the Indiana Code and the common law in Indiana. Indiana Code article 32-23 describes four types of easements: Easements by prescription, which are created through 20 years of continuous use (but not to be confused with adverse possession);
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Think of it this way: easements in gross attach to a person, easements appurtenant attach to the land (and are most often between two adjoining pieces of property). Because easements in gross attach to a person, you don't have to be a neighbor to receive one.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
On this page you'll find 13 synonyms, antonyms, and words related to easement, such as: access, passage, legal right, and means of access.
The term appurtenance refers to the attachment of a right or property to a more worthy principal. Put simply, appurtenance means that something legally belongs to another, larger, more valuable entity. It commonly occurs in real estate and applies to improvements or rights that come with a form of property.
If the dominant tenement is transferred or sold, the easement is instantly transferred with the land. For example, it you hold an appurtenant easement that permits you to cross over land on a specific path and sell it, the new holder can use the easement in the same manner.