Virgin Islands Subordinaton of Mortgage Lien to Easement and Right of Way
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Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way. For more information on appurtenances, see Practice Note, Easement Fundamentals and Standard Document, Easement Agreement (Short Form).
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.
An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.
An easement appurtenant "runs with the land." This means that: ? The easement becomes a part of the land itself (the dominant estate). ? If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
-an easement appurtenant "runs with the land." -It involves two adjacent parcels of land. -only servient (diminished) parcels are involved. -the easement can be conveyed separately from any parcel affected.
Easement definition. The right held by one person to make specific, limited use of land owned by another. The land that is subject to the easement is the servient estate, whereas the land that benefits from an easement on a servient estate is the dominant estate. Affirmative easement.
Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property. This situation is one example of an easement appurtenant.
