Can you trespass on an easement?

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

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Maine Complaint for Declaratory Relief of Access Easement by...

Easement By Implication

Name: Maine Complaint for Declaratory Relief of Access Easement by Implication or Necessity Due to Landlocked Property
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (232 reviews)

Category:

Maine Court Samples - Real Estate - Easements and Rights of Way - Sample Case 1

State:

Maine

Control #:

ME-AR-212-01

Format:

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Description Easement By Necessity Definition

A01 Complaint for Declaratory Relief of Access Easement by Implication or Necessity Due to Landlocked Property

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How to fill out Maine Complaint For Declaratory Relief Of Access Easement By Implication Or Necessity Due To Landlocked Property?

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Prescriptive Easement Maine Form Rating

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FAQ

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

An easement is a right to use the property of another. An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.

Prescription. Just as an easement can be created by prescription (adverse possession), an easement can also be terminated by prescription if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

Where the facts support it, an easement, even one specifically granted, may be considered to have lapsed.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Easement By Implication

Description Easement By Necessity Definition

Is Maryland Landlocked Related forms

How to fill out Maine Complaint For Declaratory Relief Of Access Easement By Implication Or Necessity Due To Landlocked Property?

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Prescriptive Easement Maine Form Rating

Form popularity

FAQ

What are the rights of an easement holder?

Which of the following may be used to terminate an easement?

What is an easement by necessity in real estate?

Can a prescriptive easement be terminated?

What rights does an easement holder have?

Can you trespass on an easement?

Who is the dominant owner of an easement?

Can an easement lapse?

How do you nullify an easement?

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