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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
However, the court accepted only one of the Town's appraiser's comparable sales--a sale of an 83.7-acre flow easement--because it found that all of the other sales were of much smaller easements, whereas the subject easements totaled nearly 2,000 acres.
On its 2009 return, Harbor Lofts claimed a charitable contribution deduction of $4.458 million for its donation of the facade easement. The partnership claimed that the contribution of the easement was a contribution of a perpetual restriction on the use of the property that was a deductible qualified conservation contribution.
In 2016, the IRS issued a notice of final partnership administrative adjustment that disallowed the deduction for the contribution of the facade easement. Harbor Lofts challenged the IRS's determination in Tax Court.
170(h) and that the contribution was similar to a facade easement granted by tenants in common.
The landholders subject to the Sho-Me easements filed a class action lawsuit against Sho-Me, alleging that the easements' language did not allow the use of the fiber-optic cable for commercial telecommunication.
Section A of this Part provides a summary of the legal framework regarding easements in general.
The remainder of this Part discusses how Missouri courts have addressed the use of easements that are supposedly inconsistent with the terms of their grant because of an expanded use.
A conservation tax easement essentially awards property owners a tax benefit in exchange for the owners permanently extinguishing the right to develop a property.
However, an easement can also be granted to a golf course or a backyard, which illustrates the rub with this tax provision: most of the time it is used to stop development in places where development was unlikely to ever occur.
For instance, many homes in Georgetown have been granted a type of conservation easement that precludes owners from altering or removing the facades of their houses.
received "shock[ing]" tax deductions for donating easements
facade easements that merely duplicated restrictions already imposed by