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An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes . [ 2 ] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole.
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
Research local laws covering easements and consult legal experts if you believe your rights are being violated. In some cases, filing for injunctive relief may be used to pause further development ...
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
Conservation easement boundary sign. In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights ...
When a property has a clear title, that means the title is free from liens or other claims that could call its ownership into question. ... or easements. With a clear title, there’s no doubt who ...
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