Legal Definitions - continuous easement

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Definition of continuous easement

A continuous easement is a type of easement that can be enjoyed without a deliberate act by the party claiming it. This means that the easement can be used without the need for any specific action to be taken by the holder. Examples of continuous easements include:

An easement for drains or sewer pipes
An easement for lateral support of a wall
An easement for light and air

These examples illustrate the definition of a continuous easement because they can be used without any specific action being taken by the holder. For example, an easement for drains or sewer pipes allows the holder to use the land for drainage purposes without needing to take any specific action to use the easement.

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Simple Definition

A continuous easement is a type of legal agreement that allows someone to use someone else's land for a specific purpose, like for a drain or sewer pipe. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike owning land, an easement doesn't give the holder the right to possess, take from, improve, or sell the land. A continuous easement can be enjoyed without a deliberate act by the party claiming it, and examples include easements for drains, sewer pipes, lateral support of a wall, or light and air.

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