easement

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easement

A nonpossessory right to use another's property.Easements may be created by express words of grant in a written document, by prescription (unrestricted usage over time resulting in property rights),or by necessity,as when the law will force the grant of ingress and egress rights for landlocked property.

• Easements are said to be appurtenant or in gross. If appurtenant, then the easement bene fits one property and burdens another one. The property being benefited is called the dominant estate, dominant tenement, or dominant hereditament—they all mean much the same thing. The one with the burden is called the servient estate, tenement, or hereditament.

• Easements appurtenant stay with the land, no matter who owns it or how many times the land changes hands. An example is a right-of-way easement.

• If the easement is in gross, then it is personal to someone and does not benefit a particular property. A common example is a power line easement. The easement stays in effect no matter who owns the land burdened by the easement, but typically expires with the death of the owner of the easement.

• An easement may not unduly burden the property.

Example:  A right-of-way easement may have been originally granted so one farmer could cross the property of another to reach another field. Later, one farm is sold to someone who plans to build a 250-home subdivision and use the right-of-way as the construction entrance. Courts will not allow this.

References in periodicals archive ?
conservation and facade easements through the deduction program.
billion in conservation easements over the eight-year period from 2003
conservation easements the most favored form of charitable contribution
Public agencies commonly retain an appraiser and request the preparation of an appraisal without providing an actual easement document.
An appraiser can provide strategic advice to public agencies, explaining that using broad easement language offers the agency flexibility in constructing and operating its project, but it also will increase compensation amounts and can result in significant severance damages.
On appeal, the circuit court held in favor of the taxpayer reasoning that the easements protected conservation purposes in perpetuity because the easements 1) imposed an affirmative obligation on the taxpayer "in perpetuity" to maintain the property in a manner consistent with its historic character; 2) granted the charitable donee the authority to inspect the properties and enforce the easements; and 3) would survive the termination of the charitable donee.
Finally, the court pointed out that the particular charitable donee had a long history of holding and monitoring easements and that the IRS could not point to a single instance when the organization had abandoned its right to enforce an easement.
Research plats, property deeds at the city/county courthouse and construction as-built--GIS maps and property deeds assist in communicating with property owners the existence of utility easements.
Developing a positive relationship with environmental groups will assist in maintaining utility easements and assist in funding sustainable projects.
However, Howard County must approve such a sale, and before the county will approve a sale of the development rights for a parcel of land, the landowner selling the rights must encumber the land with an easement that eliminates all future development potential for the land.
As required by the ALPP, the Costellos conveyed an easement to Howard County that severed the development rights from Rose Hill and prohibited all future development on the property.
The court found that this buffer property was of a different piece of land--the buffer was land that had been retained by Walker originally, without being encumbered by MTC's easement whereas the property at issue was the parcel encumbered by MTC's easement.