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An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". [1]
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
Some right-of-way easements are created because the only way to access certain parcels from a public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement ...
Property rights advocates say that failure to record a right-of-way means that there was no intention to create a public right. Shared-access groups argue that lack of formal action by counties does not diminish the public’s easement/usufruct rights through private lands. They have engaged in threats, trespassing, and vandalism [9] to ...
General Land Office Easements (also known as "government land office easements," and "GLO easements") were legal mechanisms which created right of way to ensure future access through, and to the interior of, lots or parcels created by the U.S. Small Tract Act of 1938, (52 Stat. 609, amended 1948, 62 Stat. 476; Not to be confused with the much later "Small Tracts Act" of 2002 which is ...
An easement is a legal arrangement designating land for a specific use, and it isn’t typically a problem. Some properties have conservation easements, for example, which require property owners ...
The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated (or are able to be designated if not already), whereas in Scotland any route that meets certain conditions is defined as a right of way, and in addition, there is a general presumption of access to the countryside ("right to roam").
The right is for the benefit of the dominant estate rather than the person [3] and remains in effect upon its transfer, that is, it runs with the land and extends to any owner, whether the original or successor-in-title. Predial servitudes are limited to: nonpossessory interests: easements appurtenant, whether public or private.
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