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With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
There are two broad categories of easements: easement appurtenant and easement in gross. An easement appurtenant benefits one parcel of land to the detriment of another parcel of land.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
For individuals: All persons shown on the deed must sign the easement. You may need to add additional lines and notary blocks as needed depending upon the number of owners. All owners must sign in the presence of two witnesses and a notary must fully complete the acknowledgement form/notary block for each owner.
An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.