Easements are legal rights that allow someone other than the landowner to use a portion of the property for a specific purpose, such as access or drainage. Understanding how easements work is crucial for both property owners and those benefiting from the easement. This article will explore the different types of easements, the rights and responsibilities they entail, and the potential implications for both the burdened and benefited properties. Whether you're dealing with a burdening or benefiting easement, knowing your rights can help you manage your property more effectively.
A burdening easement gives someone else the right to use a section of the land for a specific purpose, even though they are not the owner of the land. Typically, this could be an easement for access or an easement for drainage.The land with the benefit of the easement is called the dominant or benefited land.The land burdened by the easement is called the servient or burdened land.
A benefitting easement gives the owner of this land a right to use someone else’s land for a specific purpose, even though they are not the owner of that land. Typically, this could be an easement for access or an easement for drainage.
The owner of the burdened property continues to own the land, but the owner of the benefited lot holds certain rights over the area of the easement.
A property burdened by an easement may not be able to have any structure built on or over the easement land or use the easement land in any way which interferes with the rights of the benefited party.
Otherwise, the owner of the land benefited by the easement may have the right to sue, or to destroy the structure to gain access to the easement without being liable to compensate for the damage.
Disclaimer: Every property transaction is different, and the information provided may not be relevant to your circumstances. By using this site you agree that the information provided is for general purposes only and does not constitute legal, financial, or professional advice.
