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Conversely, an easement in gross benefits an individual or a legal entity, rather than a dominant estate. The easement can be for a personal use (for example, an easement to use a boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line).
Estate is a common law concept. In real estate law, an easement appurtenant may be created for the benefit of the original owner (the seller or grantor) of property who splits off a property and conveys part of the original property; the owner may retain an easement for an access (such as a driveway or utilities). [1] In certain cases, dominant ...
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 ...
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, for example to construct a driveway. Such easements are attached to the dominant estate, or appurtenant. The dominant estate cannot sell the easement ...
For example, a title report may also show any easements, or recorded encumbrances against the property or portions of the property. A previous owner may have legally given a neighbor the right to share the driveway, or the city may have a right to strips of the property for putting power lines, communication lines, water pipes, or sewer pipes.
In Tennessee, there are two types of easement: implied and express easements. Implied easements are created without a contract and require necessity and prior use, as in the example of the ...
A servient estate (or servient premises or servient tenement) is a parcel of land that is subject to an easement.The easement may be an easement in gross, an easement that benefits an individual or other entity, or it may be an easement appurtenant, an easement that benefits another parcel of 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 ...
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