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A fencing easement is an obligation on the owner of land (the servient land) to maintain a fence or other boundary structure for the benefit of neighbouring property (the dominant land).
Maintenance of Easements. The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.
Maintenance of the right of way The Highways Act makes provision for landowners to claim at least 25% of the cost of any replacement works from their local Highways Authority. Some authorities may also provide materials for the works or carry the works out themselves. Access to the right of way is also a requirement.
Maintenance of Easements. The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.
An easement allows an individual or entity to access a portion of your property for a specific purpose. For instance, if you have a driveway and your neighbor does not, you may decide to grant your neighbor an easement allowing them to use your driveway to docHub their property.
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To establish a prescriptive easement, a claimant must prove: (1) use adverse to the title owner; (2) open, notorious, continuous and uninterrupted use for 10 years; and (3) that the owner knew of the adverse use when he was able to enforce his rights. 40 These requirements are all satisfied.
There are a number of ways in which an easement can be created. The first is by an express grant by the servient owner to the dominant owner, or by the express reservation of the right when the dominant owner sells part of his land to the servient owner.
For example, where an easement is not being used, the servient owner may build a fence in the easement and that use is not adverse until: (1) the need for the right of way [exists], (2) the owner of the dominant estate demands that the easement be opened, and (3) the owner of the servient estate refuses to do so.
Maintenance of Easements. The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.
An easement allows an individual or entity to access a portion of your property for a specific purpose. For instance, if you have a driveway and your neighbor does not, you may decide to grant your neighbor an easement allowing them to use your driveway to docHub their property.

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