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 ?
providing template language from an easement held by the National Trust
594-95 (providing sample extinguishment language from an easement held
Further, the easement holder might reserve the right to pursue
compliance with this Conservation Easement, Grantee shall have the
Congress recognized the value of a conservation easement to landowners.
To qualify a charitable easement for tax purposes the easement must be perpetual and made to a qualified nonprofit or public agency.
Many utilities do not utilize their easement unless there is an emergency.
The deed has the language about the purpose and utility company's rights and responsibilities to maintain the utility easement.
The report was a follow-up to action the council took in February when it authorized seven temporary easements, one access easement, five fee takings and one conveyance for the school project.
The light and air easement commences at a horizontal limiting plane over the highest point of the co-op's roof, which is the co-op's water tower.
The partners argued the tax court applied erroneous legal standards to value their conservation easement.
It found that the relevant property was the Maison Blanche and Kress buildings, so the Tax Court should have considered how the easement affected the Kress building.