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This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant.
The right to walk is the easement and lawful use cannot be trespassing. If the easement sets out a right to walk, then the owner of the land is bound to abide by that and allow use.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.
An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.
An easement is a non-possessory interest in another person's property that gives someone the right to use another person's property for a specific purpose.The party granting the easement must sign the easement deed and have his or her signature acknowledged before submitting the document to the county recorder.
Temporary Easement means a grant in the manner of a permission to enter, easements of a limited duration or time or other similar written permission for the purposes of temporary access or in the case of the District temporary access, construction, repair or maintenance.
Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.