Explain what do you mean by Easements
Explain what do you mean by Easements?
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An easement is the right to enter land owned by another for a special purpose, e.g., a right of way to pass back and forth over the land of another to get to and from your own land. An easement can be created by:
1. Express agreement
2. Implied grant – There is a right of necessity implied if the front half is severed, and no provision is made to reserve a right-away to get to the road at the front; there is an implied right of mutual support for owners of semi-detached homes.
3. Prescription – An adjoining landowner continuously exercises a right for 20 years without interruption or consent; the user must prove the owner knew he was using it, had the right and power to stop him, and refrained from doing so.
4. Statute – Although not strictly an easement, since the party benefiting from the easement does not own property, statutes give utility companies the right to run wires and cables either underground or overhead on poles.
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