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Affirmative and negative easements - An affirmative easement is the right to use another's property for a specific purpose, while a negative easement is the right to prevent another (the owner of the servient estate) from using their own property for what would otherwise be a lawful activity.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose. Foundations of Law - Introduction to Easements - LawShelf lawshelf.com ? coursewarecontentview ? introduct... lawshelf.com ? coursewarecontentview ? introduct...
Generally, the owner of any easement has a duty to maintain the easement.
An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land. A Legal Introduction to Easements - California Land Title Association clta.org ? page ? article6 ? A-Legal-Introdu... clta.org ? page ? article6 ? A-Legal-Introdu...
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. Ins and Outs: Can Property Owners Block an Easement? dbllawyers.com ? can-a-property-owner-blo... dbllawyers.com ? can-a-property-owner-blo...
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.