Maine Judgment Granting Easement by Implication or Necessity
Description Easement By Necessity Example
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FAQ
An easement gives a person the legal right to go through another person's land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property.
Easement of Necessity Thus, absolute necessity is the test and the convenience. For example X sells his land to Y for agricultural purpose.Thus, this is an easement of necessity.
An easement is implied by necessity when one parcel of land is sold, depriving the other parcel of access to a public road or utility. Prescriptive Easements. Prescriptive easements, also known as easements by prescription, arise if an individual has used an easement in a certain way for a certain number of years.
This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant.
Easements help keep the peace between neighbors and communities. In the case of a landlocked piece of land an easement can literally make or break the property. When a parcel is landlocked, it means the property is not accessible without trespassing on another's land to get there.
The grant or reservation of the legal easement is a registrable disposition.
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
An easement by necessity, similar to an implied easement, is an easement created by the courts.For example, if your land were completely landlocked, and the only way to get to your land was by crossing over Bill's property, an easement by necessity would exist providing you access to the road over Bill's property.
Implied easement. Easements may also arise by implication where a vendor sells one plot of land but retains another neighbouring plot. Easements may arise in favour of the retained plot (reservation) or the sold plot (grant).