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With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
Easements are rights of way to sewer main pipes that are part of the city infrastructure yet travel through private property to gain necessary pitch and flow. These easements are essentially the city's right of way to access and maintain a sewer main on private property.
Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.
Some examples of easements are: Utility Easements. ... Access Easements. ... Negative Easements. ... Drainage Easements. ... Prescriptive Easements. ... Easements by Implication. ... There are several ways to terminate an easement, including but not limited to: ... Legal issues abound with easements.
The difference between an easement and a right of way is right of way is a type of easement. It gives a specific individual or a group of people a private right of way to cross the property. Or, a public right of way grants the general public the right to cross the land and use it as a passageway.
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private.
A drainage easement is a legal encumbrance on the title of a property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement.