Rhode Island Partial Release of Easement (Communication Easement)
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FAQ
An easement is a binding legal agreement that protects selected historic and architectural qualities of a property, ensuring they will not be destroyed or inappropriately altered. In an easement, the owner voluntarily grants the responsibility to protect the historic property to Preserve Rhode Island.
Rhode Island's adverse possession law is very simple, allowing someone to claim legal title to an otherwise neglected piece of property after openly inhabiting it for at least 10 years.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.
In Rhode Island, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
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.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
For example, if your land were completely landlocked, and the only way to get to your land was by crossing over Bill's property, an easement by necessity would exist providing you access to the road over Bill's property.