New York Amendment to Easement and Right of Way (To Specifiy Course of Pipeline/Road)
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FAQ
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.
If a property blocks access to other private or public property, a right of way easement is necessary to allow others to get to it. The easement can be created voluntarily by the landowner or through a court order. This type of easement typically allows reasonable travel for the public.
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.
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 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.
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.
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 is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
