Terms of the Trade: What is an Easement? - Deborah Behringer

Terms of the Trade: What is an Easement?

A property subject to an easement is known legally as a "servient estate," while a person or entity with a positive right granted by an easement is called a "dominant estate."

Easements can be established by explicit provisions in a written document like a deed, and can also arise over time from habitual use. If people cross a piece of private property to get to a beach, for example, and that behavior continues for several decades, this might create a public right of way.

It's a good idea to establish whether your estate has any easements attached before you start any construction projects, especially along property lines.

(Source: Doityourself Staff)

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