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Easement Deed

An easement is a certain right to use the real property of another for a specific purpose without possessing or owning it. The easement deed is the legal document that grants such right. Easements are most often created by express language in an easement deed, but easements are also created by implication, which occurs when a land owner divides his or her land into smaller pieces and sells a smaller piece to another person. Parties generally grant an easement to another party, or reserve an easement for themselves.

Most Easements fall into one of four basic types:

1. Right-of-way (most common),
2. Easements of support (pertaining to excavation),
3. Easements of light and air,
4. Rights pertaining to artificial waterways.

An easement is either affirmative or negative. Affirmative easements permit the holder to do a specific action on another individual's land. A negative easement is one that denies an owner of the right to do something on the property. For example, a land owner might enter into an agreement with an adjoining landowner not to build a high structure that would obstruct light and air that goes onto the adjoining owner's land.

An appurtenant easement requires the existence of at least two parties and two parcels of land. An appurtenant easement is attached to the land permanently and benefits the owner. The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the burden is the servient estate (or servient tenement).

For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden.

A dominant estate is the parcel of real property that has an easement over another piece of property (the servient estate). The type of easement involved in dominant and servient tenements is almost always an appurtenant easement. Likewise, it is almost always an affirmative easement. In real estate law, the dominant tenement is the property retained when the original owner (the seller or grantor) splits off a property and conveys part of the original property; the owner then retains an easement for an access (such as a driveway or utilities).
 
Related Easement Deed Information:

Methods of Terminating an Easement
When an easement is terminated, the burdened property is no longer affected. When the party benefitting from the easement and the party subject to it agree to a release, the next step is to enter into a deed. Methods or factors of termination: RELEASE An easement can be terminated by relea...

The Different Types of Easement Deeds in Real Property Documents
An easement is the certain right to use another person’s real property for a stated purpose without possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conveyance. Easements can also be written into a dee...

 

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