Easement Agreements

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Commonly Asked Questions about Easement Agreements

How do easements work in Georgia?

An easement is a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with the general property in the owner. It is an interest in land owned and possessed by another, permitting its limited use or enjoyment without actual occupancy.

How to terminate an easement in NY?

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

Can a property owner block an easement in Alabama?

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

How do easements work in NY?

At its core, an easement is a burden that is imposed on property that benefits one estate (the dominant estate) or person and disadvantages another estate (the servient estate) or personwith the owner of an easement having the right to utilize or access some portion of anothers property.

Can a property owner block an easement in NC?

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers path. Violators may be held liable for damages to the easement holder.

Can a property owner block an easement in Texas?

In most cases, property owners cannot block an easement as it is a legal right granted to another party. However, there may be specific circumstances where restrictions can be placed on the easements use.

What are the limitations on an easements use are set by?

The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties course of conduct.

What is the disadvantage of an easement?

Not everyone wants to buy property with an easement on it, so the property with the easement may take longer to sell. If you and your neighbor share a driveway due to an easement, and if youre the servient property, you cant stop your neighbor from using the driveway.

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Easement Agreements

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