Question: Who Is The Dominant Owner Of An Easement?

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering 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.

Who owns an easement?

An easement is a property right that gives its holder an interest in land that’s owned by someone else. It’s common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation. Luckily, you’ve come to the right place.

What are the three types of easements?

There are three common types of easements.

  • Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  • Easement appurtenant.
  • Prescriptive Easement.

Can a property owner block an easement?

Generally, an easement’s use and access can’t be blocked unless thee is cause for termination. Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property.

Do you have to give someone an easement?

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. While you certainly do not need a lawyer to create or grant an easement to your neighbor, it might be a good idea to retain one.

Who maintains an easement?

Property Easement Maintenance

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

Can you build a fence on an easement?

An easement is the right to use a part of your property, by a third party, for a specific purpose. You can’t build on an easement. Nothing – not even a fence or part of a fence. If you do, you’ll have to take it down and compensate for any damages you might have caused.

Can you refuse an easement?

As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property. No one can simply impose an easement on you. However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.

Can you terminate an easement?

If you are the dominant estate holder, you can terminate an easement through abandonment. The first step in terminating an easement through abandonment is to cease to use the easement at all. If you are the servient estate holder, you can terminate an easement through prescription.

Do a land easements transfer to new owners?

An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land itself, and thus is transferred to the new title owner upon sale. For example, Alice may grant Bill and his successors and assigns an easement across her land.

What happens to an easement when a property is sold?

An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. Example: Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property.

Can you be forced to give an easement?

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Do easements affect property value?

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

What is the difference between an easement and a right of way?

A right of way is an easement that allows another person to travel or pass through your land. The most common form of public right of way is a road or path through your land in order to access a public area. A private right of way is to allow a neighbor to cut through your property to make his access easier.

Can you build anything on an easement?

An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. Typically this could be a access way or an easement for drainage. Generally not, as you can build under or over it if the work will not have a material interference with the easement.

The answer to be found in the law of easements. An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his own land.

Is a shared driveway an easement?

A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

Do utility companies pay for easements?

Any number of individuals and entities may have an easement attached to your property. Like many property owners, you may have no idea to whom these easements are granted. Generally, the electric company does not pay compensation for a typical easement. One exception to this rule exists, however.

How do I find an easement on my property?

A property easement is generally written in the property deed and recorded with the county clerk. Obtain a copy of the deed by searching public records. Other ways to find information about private property easements include working with a title insurer and contacting utility companies directly.