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Easements and Rights of Way

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Easement by Condemnation

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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.

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Wind Easement

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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.

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Appurtenant Easement

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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.

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Easement by Prescription

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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.

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Negative Easement

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A Negative Easement prohibits the landowner from performing certain actions that could affect the easement holder's property, such as blocking sunlight or view.

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Utility Easement

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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.

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Easement by Estoppel

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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.

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Easement in Gross

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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.

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Affirmative Easement

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An Affirmative Easement provides the right to conduct an action on another’s property, such as crossing it to access a public road.

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Solar Easement

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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.

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Prescriptive Easement

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A Prescriptive Easement is acquired through continued use of another's land over a period of time without permission, under conditions set by law.

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Floating Easement

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A Floating Easement exists when the easement's location on the property is not fixed or defined. Its exact location might change over time.

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Public Easement

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A Public Easement grants the public the right to access or traverse the landowner's property, like roads or sidewalks that cross private land.

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Conservation Easement

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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.

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Express Easement

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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.

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Implied Easement

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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.

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Private Easement

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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.

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Pathway Easement

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A Pathway Easement grants the right to pass through someone else's property via a specific path or trail, often for pedestrians or bikers.

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Easement by Necessity

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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.

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Driveway Easement

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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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