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Are you curious to know how people deal with land-locked property? Not every piece of property can have access to a road, right? Especially in our sue-happy society today, people probably will not look positively on the idea of intruding on a neighbor's land to gain access to the closest highway. What then will you be able to do if you are a land-locked property owner?
That is where easements come in. The right to utilize another person's property without actually owning it is what an easement is. Easements make possible access routes to nearby roadways. In some circumstances, you might also gain access to fish on what would otherwise be a privately-owned pond or lake. Since it is thought of as a property right by most jurisdictions, an easement is also a type of property.
Four main types of easements existed in common law before various jurisdictions began recognizing their own myriad of different easement types. First came the right-of-way easement. Regarding excavations, there was an easement of support. The property rights of light and air were also defined by an easement in a third case. The last main kind of easement was one that defined property rights associated with individual waterways. Regardless that there are many more defined in today's courts, all new easements tend to refer back to the main four types.
There are a lot of different means to create an easement. Regardless of what you think, it's not sufficient simply to need to gain access to a roadway. Parcels of land that do not have access to a public road may obtain an easement across an adjacent parcel only if crossing that land is totally necessary. There must have been some original intent to grant the parcel with access that simply did not get recorded, despite the reason. Barring that, a land-locked property owner might consider requesting an easement from the neighboring landowner.
Easements are consequently thought to be partial property rights to land, as opposed to an absolute right. You can obtain an easement for various purposes, depending on what you as a landowner actually need it for. The landowner who needs the easement is still not considered to be the owner of the property, just the same. He or she is just merely the owner of the easement or right to use the property for a particular purpose.
Article Source: http://EzineArticles.com/5699777
That is where easements come in. The right to utilize another person's property without actually owning it is what an easement is. Easements make possible access routes to nearby roadways. In some circumstances, you might also gain access to fish on what would otherwise be a privately-owned pond or lake. Since it is thought of as a property right by most jurisdictions, an easement is also a type of property.
Four main types of easements existed in common law before various jurisdictions began recognizing their own myriad of different easement types. First came the right-of-way easement. Regarding excavations, there was an easement of support. The property rights of light and air were also defined by an easement in a third case. The last main kind of easement was one that defined property rights associated with individual waterways. Regardless that there are many more defined in today's courts, all new easements tend to refer back to the main four types.
There are a lot of different means to create an easement. Regardless of what you think, it's not sufficient simply to need to gain access to a roadway. Parcels of land that do not have access to a public road may obtain an easement across an adjacent parcel only if crossing that land is totally necessary. There must have been some original intent to grant the parcel with access that simply did not get recorded, despite the reason. Barring that, a land-locked property owner might consider requesting an easement from the neighboring landowner.
Easements are consequently thought to be partial property rights to land, as opposed to an absolute right. You can obtain an easement for various purposes, depending on what you as a landowner actually need it for. The landowner who needs the easement is still not considered to be the owner of the property, just the same. He or she is just merely the owner of the easement or right to use the property for a particular purpose.
Article Source: http://EzineArticles.com/5699777