Real Estate


What are the Benefits of Property Easement?

What are the Benefits of Property Easement?

What are the Benefits of Property Easement?
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What are the Benefits of Property Easement?
The benefits of a property easement lie within the holder of an easement, and their use or access over a property. In appurtenant easements, the dominant tenement holds the benefit over the servient tenement over the use of their land. This can pertain to an access or need to cross over to their property with or without a structure being built.
The dominant tenement also benefits from the easement, even if ownership of the property is transferred to a new owner. The new owner would automatically receive the easement for that property without legal implications, or due notification. This privilege is not shared by the owner of the servient tenement, which is where the easement is located. A situation that would help understand this concept is thinking of it as a property owner (X) who has land behind their house after their lot ends, and prior to a different owner's lot beginning, or a wall, structure, forest, lake, etc....
The owner of that vacant land decides to sell it to a person looking to build a home in the lot within it's boundaries, and of course following by all zoning guidelines through the municipality(after approvals of course). Once the home is built, the owner (Y) will need a means of accessing the roadway with a vehicle. The way the person would go about this, is by requesting the creation of an easement for his or her access to the public street through the property of a different owner (owner 'A' as mentioned before).Once the easement is granted, then a driveway can perhaps be built through the property of the owner (X).
This will grant the owner of the concealed property (Y) full access to the road using a vehicle, as well as to their own property and home. The benefit of such types of easements are clearly visible to the dominant tenement, the servient tenement simply has the easement located on their property (without such benefit). In the case of implied easements, had the property owner (x) owned the property lot behind his home and sold it to the new owner (Y), then in this case the new owner may not even have to file for an easement to be created.
In such case, the owner of both properties (X) has knowingly sold a property that was clearly blocked by his property in relation to road access. This creates an implied easement, stating that it in a way it is obvious that the owner of the new property will most certainly need an easement to enter and exit their property. With this type of easement, the new owner would benefit from the implied easement, through which the easement would lie on the original owner's second property (closest to the roadway).
These examples are meant to outline the favorable attributes that an easement can grant a property owner, over the use of the land they are entitled to through it. In some cases, such as that of easements in gross, there is no beneficiary because the easement deals with things such as power, and water, giving the access to utility company.

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