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.

Can you build a fence on an easement?

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

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Maine Standard Easement for Aerial Rights Only

Aerial Easement Example

Name: Maine Standard Easement for Aerial Rights Only
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (287 reviews)

Category:

Maine Real Estate - Easements and Rights of Way

State:

Maine

Control #:

ME-LR066T

Format:

Instant download

Description Easement Rights

This easement establishes the right and easement to erect equipment and facilities over a portion of the surface of the land.

View 9. Subpoena - Produce

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Me Easement Rights Other Form Names

Standard Easement Agreement Utility Easement Agreement What Is An Aerial Easement

FAQ

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.

The short answer is NO. It may be considered trespass.

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.

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.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

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.

Simply put, an easement is a legal right given to cross or use another person's land for a specific purpose.Easements are more commonly granted to utility companies, such as telephone or electrical companies to run cable and power lines.

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

Aerial Easement Example

Description Easement Rights

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