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Easements and Rights of Way
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Easement by Condemnation
An Easement by Condemnation occurs when a government entity acquires an easement over private land for public use through its power of eminent domain, often with compensation to the landowner.
Wind Easement
A Wind Easement allows the easement holder to harness wind energy over another's property and may prevent the property owner from erecting structures that would obstruct wind flow.
Appurtenant Easement
An Appurtenant Easement allows the holder to use the land of another that is adjacent to their own for a specific purpose. It is attached to the land and transferred with the property when sold.
Easement by Prescription
Easement by Prescription is similar to adverse possession, where the user acquires the easement right after using the land in a hostile, open, and notorious manner for a statutory period.
Negative Easement
A Negative Easement prohibits the landowner from performing certain actions that could affect the easement holder's property, such as blocking sunlight or view.
Utility Easement
A Utility Easement is a type of easement in gross that allows public utilities to access land for the purposes of maintaining and operating their services and infrastructure.
Easement by Estoppel
An Easement by Estoppel is created when a landowner's actions lead another to reasonably believe they have an easement, and they rely on that belief to their detriment.
Easement in Gross
An Easement in Gross benefits an individual or entity rather than a piece of land. It is not tied to the land owner's estate and does not necessarily transfer with the property.
Affirmative Easement
An Affirmative Easement provides the right to conduct an action on another’s property, such as crossing it to access a public road.
Solar Easement
A Solar Easement is a type of negative easement that ensures the easement holder receives a specified amount of sunlight, usually for solar panels, preventing the landowner from blocking the light.
Prescriptive Easement
A Prescriptive Easement is acquired through continued use of another's land over a period of time without permission, under conditions set by law.
Floating Easement
A Floating Easement exists when the easement's location on the property is not fixed or defined. Its exact location might change over time.
Public Easement
A Public Easement grants the public the right to access or traverse the landowner's property, like roads or sidewalks that cross private land.
Conservation Easement
A Conservation Easement is designed to protect natural resources by restricting development and other uses of a property that could be destructive to the environment.
Express Easement
An Express Easement is created through a written agreement between the property owner and the easement holder, often detailed in a deed or other legal document.
Implied Easement
An Implied Easement is not created with a written document but rather by circumstances such as necessity or prior existing use, indicating the easement was intended by the parties.
Private Easement
A Private Easement is granted for the benefit of a specific individual or entity, as opposed to the public at large, and can be personal or appurtenant.
Pathway Easement
A Pathway Easement grants the right to pass through someone else's property via a specific path or trail, often for pedestrians or bikers.
Easement by Necessity
An Easement by Necessity arises when a property owner must cross another's land to access their own property, usually because there is no other means to enter or exit.
Driveway Easement
A Driveway Easement is a specific type of easement that allows the holder to use a portion of another's property to gain driveway access to their own property.
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