easement


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easement,

in law, the right to use the land of another for a specified purpose, as distinguished from the right to possess that land. If the easement benefits the holder personally and is not associated with any land he owns, it is an easement in gross (e.g., a public utility's right to run power lines through another's property). At common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
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 an easement in gross could not be transferred, but today it may be transferable. If the easement is held incident to ownership of some land, it is an easement appurtenant (e.g., the right to run a ditch through a neighbor's yard to drain your land). The land subject to the easement appurtenant is the servient estate, the land benefited the dominant estate. If certain conditions are met, the easement passes with the land to the new owner after the sale of either estate. An easement may be created by express agreement of the parties, in which case it must usually be in writing (see Frauds, Statute ofFrauds, Statute of,
basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677.
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), or it may be implied by a court from the actions of the parties in certain circumstances.

Easement

A deed restriction on a piece of property granting rights to others to use the property; may include restrictions for use or development on the property.

easement

[′ēz·mənt]
(civil engineering)
The right held by one person over another person's land for a specific use; rights of tenants are excluded.

easement

1. A right of accommodation (for a specific purpose) in land owned by another, such as right-of-way or free access to light and air.
2. A curve formed at the juncture of two members; forms a smooth transition between surfaces that would otherwise intersect at an angle.
3. Those portions of stair handrails which are curved in the vertical plane only; an “easement curve.”
References in periodicals archive ?
The proposed easement of right of way is established at the point least prejudicial to the servient estate, and insofar as consistent with this rule, where the distance of the dominant estate to a public highway may be the shortest.
Q: Can Alice demand a compulsory easement of right of way?
She failed to establish that there was no adequate outlet to the public highway and that the proposed easement was the least prejudicial to Valentine's estate.
to sixteen years using the deduction, and other easement donors can
impossible or impractical due to changed conditions and the easement is
extinguished, will the public's investment in the easement be
The appellate court held that the issue of whether the work Mount Aldie performed within the buffer was allowed under the easement is a disputed issue of material fact.
As another example, consider a situation where a public agency acquired a flood control easement on a boutique hotel property and the easement traversed the property's only method of access.
While it is important for an appraiser to consider the proposed construction and the planned use for the easement, it is the terms of the easement that are crucial for assessing damages.
Public agencies need to be very careful when defining the scope of the easement to ensure sufficient rights are acquired; acquiring insufficient rights exposes an agency to claims of trespass, inverse condemnation or other real property torts.
A contribution of a conservation easement is deductible only if it 1) achieves a conservation purpose; and 2) that conservation purpose is protected in perpetuity.
So long as the easement protects a natural habitat (or otherwise satisfies a listed conservation purpose), the size of the eased land does not affect deductibility.