10:54
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Simple English definitions for legal terms
appendant easement
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A quick definition of appendant easement:
An easement is when someone has the right to use someone else's land for a specific purpose, like to cross it to get to a road. The land that benefits from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. There are different types of easements, like a right-of-way or a right to water. Easements can last forever, but they don't give the holder the right to own or sell the land.A more thorough explanation:
Definition: An appendant easement is a type of easement appurtenant, which is an interest in land owned by another person, consisting of the right to use or control the land for a specific limited purpose. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.
Examples: A common example of an appendant easement is a right-of-way, which allows the dominant estate owner to cross the servient estate to access a public road. Another example is a right to the support of land and buildings, which allows the dominant estate owner to rely on the servient estate for structural support.
Explanation: These examples illustrate how an appendant easement benefits the dominant estate owner by allowing them to use the servient estate for a specific purpose. The right-of-way example shows how the dominant estate owner can access a public road without having to go around the servient estate, while the support example shows how the dominant estate owner can rely on the servient estate for structural stability. These easements are created to benefit the dominant estate and are considered appurtenant because they are attached to the ownership of that estate.