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.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/

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.
Illustrated Dictionary of Architecture Copyright © 2012, 2002, 1998 by The McGraw-Hill Companies, Inc. All rights reserved

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.
McGraw-Hill Dictionary of Scientific & Technical Terms, 6E, Copyright © 2003 by The McGraw-Hill Companies, Inc.

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.”
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.
References in periodicals archive ?
The court agreed that because Harbor Lofts did not have a fee interest in the buildings, the facade easement was not qualified real property under Sec.
Qualified real property interest: To be a qualified real property interest, a conservation easement must be "a restriction (granted in perpetuity) on the use which may be made of the real property."
In conjunction with its claim that it was not necessary for it to have a fee interest in the buildings, Harbor Lofts argued that because it granted the easement jointly with the EDC, it had made a Sec.
City of New London, (69) sought to rein in the ability of private entities to engage in "expanded use" of easements. (70) In 2006, the Missouri legislature created a statutory provision confining newly created easements of utilities to be "fixed and determined by the particular use for which the property was acquired." (71) Under section 523.283, for a utility to make "expanded use of the property," the utility must either condemn the property or make new contractual arrangements with the landowner.
(81) Citing section 523.283, the REC conceded, and the court agreed, that "any use other than for electricity is an expanded use of the proposed easements which would be prohibited...
A Different Type of Use for Utility Easements Prior to Section 523.283
It's unlikely that a single facade was "preserved" by this conservation easement. I suppose it can be argued that the easement is just compensation for all these political bodies usurping the development right, but most if not all affected property owners were aware that the development right was lost long before they purchased their properties.
In the case of the conservation easement Looney describes, the property owner must donate the right to develop the land to a nonprofit.
The conservation easement is not terribly common: only about 2,000 taxpayers claimed it in 2016, Looney determined.
including persistent and increasing overvaluation of easements, (8)
conservation and facade easements through the deduction program.
billion in conservation easements over the eight-year period from 2003