MrThickRopes
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Simple English definitions for legal terms
private easement
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A quick definition of private easement:
A private easement is when someone has the right to use someone else's land for a specific purpose, like crossing it to get to a road. The land that benefits from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. Unlike owning land, having an easement doesn't give the holder the right to possess, take from, improve, or sell the land. There are different types of easements, like a right-of-way or a right to water. A private easement is only for one specific person or a few specific people.A more thorough explanation:
Definition: A private easement is an interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.
Examples: Some examples of private easements include:
- A right-of-way for a driveway or path across a neighbor's property to access a public road
- A right to use a portion of a neighbor's land to install and maintain utility lines
- A right to access a nearby water source, such as a well or pond, located on a neighbor's property
These examples illustrate how a private easement allows someone to use a portion of another person's land for a specific purpose without owning the land themselves.