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If you are the property owner with an easement or a Council drain on your property, and you are planning to build over or near that easement or drain, you will require consent before doing so. To receive consent, a building over easement application is required to be filled out in order for the proposal to be assessed.
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
Your easements double as building restriction lines (BRLs). All it means is you cannot build any permanent structure within 25 feet of any lot line. Whoever is in charge of building or maintaining drainage channels has the right to access that area and do grading.
Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.
As such, the courts have largely limited the use of Negative Easements to a small list that includes Easements for air, the flow of an artificial stream, light, and for Subjacent or Lateral Support.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.
A prescriptive easement is a permanent legal right to use the real property belonging to another person, and is a form of adverse possession. It is created, not in a deed or other transaction, but by conduct: the open and hostile use of another's property for a continuous period of at least 10 years (i.e., the New
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.