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An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.
The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
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.
An appurtenance is a real property, which is defined as being immovable or fixed to the land. In this case, appurtenances relate to the land. Appurtenants grant the ownership of certain items to a person who owns the property in legal transactions, such as the sale or transfer of a property.
Easements By Necessity These will sometimes be called access easements and are created because of the government's long-standing interest in making the land productive. An example would be living in a rural area and your neighbor is landlocked and can only access the road by crossing your property.
An easement appurtenant affects two parcels of land owned by different parties, where the parcel of land that: Benefits from the easement is called the dominant estate. Is burdened by the easement is called the servient estate.