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What are easement rights?

An easement gives the dominant owner the right or rights to cross or otherwise use someone elses land. Two of the most common easement rights are a right to light and a right of way.

How does an easement affect a mortgage?

If an easement is recorded on a property that is subject to a previously existing mortgage, the rights of the holder of the mortgage come before the rights of the easement holder. That is, unless the mortgage holder agrees to change the first in time, first in right rule.

What are grants of easement?

The ownership of an easement is a mere right which confers certain rights over the land in question, but never any exclusive right to possession. An easement allows a land owner, by virtue of its ownership of its land, to exercise rights over adjacent lands. These include rights of way, light and water.

How easement rights are acquired?

-An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same.

How do you prove an easement is right?

This, he must do by showing a grant conferring an easement in express term or by necessary implication, or where an easement is claimed by prescription, he must prove the facts essential to the acquisition of the prescriptive title.

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