Maine Notice of Easement (For Communications System)
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How to fill out Notice Of Easement (For Communications System)?
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FAQ
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
As we learned, adverse possession in Maine is a traditional law that allows people to own a portion of land they have used for a continuous period of time. There are many requirements including the occupancy be out in the open, continuous, hostile, notorious, exclusive, and for the required period of at least 20 years.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross." Most types of easements are affirmative, which means that they allow the use of another's land.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
An easement by necessity is generally created when a landowner conveys a portion of land, but retains all the land surrounding the conveyed parcel, and there exists no access to the conveyed land.
