An easement is an agreement that limits the use of another property. The easement is between the property owner and the user of the easement.
Serving and Ruling
The owner of a property, the dominant property, can be given the right to use or otherwise take possession of another property, the servient property, or a building or other facility in certain respects.
Real estate – easement agreement real estate
Easements can be created in three ways:
- through written agreements
- By land registration
- by expropriation
The creation of an easement must promote appropriate land use and be of permanent importance to the dominant property.
What is an easement and examples of easement agreements
- The right to bury and use a water pipe on another plot of land
- Use someone else’s road
- Take water from a neighbor’s well
- Use a jetty, pipeline, beach, parking lot, or anything else
- Taking wood from someone else’s forest
- Move across the land where there is no road.
Modification and termination of an easement
A contractual easement can be modified by the parties agreeing to it in a written agreement. Often the owner of the servient property pays the owner of the dominant property to remove the easement.
The land registry can also change an easement through land consolidation.
Contact us today if you want to know more about easements and easement agreements and if you need help with questions regarding easements!
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