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easement definition
the right to use the real property of another for a specific purpose. The easement
is itself a real property interest, but legal title to the underlying land is retained
by the original owner for all other purposes. Typical easements are for access to
another property (often redundantly stated "access and egress," since entry and
exit are over the same path), for utility or sewer lines both under and above ground,
use of spring water, entry to make repairs on a fence or slide area, drive cattle
across and other uses. Easements can be created by a deed to be recorded just like
any real property interest, by continuous and open use by the non-owner against
the rights of the property owner for a statutory number of years, typically five
("prescriptive easement"), or to do equity (fairness), including giving access to
a "land-locked" piece of property (sometimes called an "easement of necessity").
Easements may be specifically described by boundaries ("24 feet wide along the northern
line for a distance of 180 feet"), somewhat indefinite ("along the trail to the
northern boundary") or just for a purpose ("to provide access to the Jones property"
or "access to the spring") sometimes called a "floating easement. " There is also
a "negative easement" such as a prohibition against building a structure which blocks
a view. Title reports and title abstracts will usually describe all existing easements
upon a parcel of real property. Issues of maintenance, joint use, locking gates,
damage to easement and other conflicts clog the judicial system, mostly due to misunderstandings
at the time of creation.
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