Express Easement Definition/Meaning An express easement is an easement that is created by agreement between the dominant and servient tenement. Although the express easement often specifies the purpose of the easement, e.g. ingress and egress, it can often be silent...
An easement is defined as a “nonpossessory interest in the land of another that gives its owner the right to use the land of another or to prevent the property owner from using his land.” (Beyer v. Tahoe Sands Resort (3d Dist. 2005) 129 Cal.App.4th 1458, 1472.) The...
Easement appurtenant vs Easement in gross – Key Takeaways Easement Appurtenant: This type of easement is attached to the land and benefits one property (the dominant estate) while burdening another (the servient estate). It is meant to be binding on successive...
In a recent post, we discussed how easements can be terminated by merger. In this post, we will discuss how an easement extinguished by merger can be revived. Although an easement is extinguished by a merger of the dominant and servient estates, there are certain...
Easement Termination by Merger There are many ways that an easement can be extinguished or terminated. In this post, I discuss how an easement can be extinguished by merger. In later post we will discuss situations where an easement is not extinguished by merger. As...
Most properties have PUEs. PUE stands for Public Utility Easement. Like other easements, a PUE grants certain rights to the owner of the easement. If you own your home, a PUE may explain why you woke up to find an electrician on the utility pole in your backyard...
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