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Definition. ?A prescriptive easement grants a right to use the property of another based on prior continuous use by a party.? Magnuson v. Cossette, 707 N.W. 2d 738 (Minn.
An easement must be in writing in order to satisfy the requirements of the Statute of Frauds ? a legal concept which may be satisfied when: the intention of identified parties is properly expressed in the easement document, and. the property subject to the easement is properly described.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.
Thus, the owner of the Servient Estate, the land subject to the Easement, is entitled to the full right of ownership and possession of the land, they just cannot do anything to interfere with the Easement rights that were given to the Dominant Estate. Easements are created for any number of reasons.
You might think it's a mistake, but there are actually more than 300,000 acres of these landlocked public lands in Minnesota and Wisconsin alone. Across the West, there are nearly 16 million landlocked acres.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Termination by Time or Abandonment An easement can also be terminated by ?merger.? This occurs when the owner of the property benefitted by the easement also becomes the owner of the property burdened by the easement. When this happens, the lesser interest (the easement) will merge into the greater (the fee title).