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Simple English definitions for legal terms
common easement
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A quick definition of common easement:
A common easement is a type of legal agreement that allows someone to use someone else's land for a specific purpose, like crossing it to get to a road. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or license, an easement can last forever, but it doesn't give the holder the right to own or sell the land. There are different types of easements, like a right-of-way, a right to water, or a right to light and air. A common easement allows the servient landowner to share in the benefit of the easement.A more thorough explanation:
A common easement is a type of easement that allows the servient landowner to share in the benefit of the easement. An easement 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.
For example, a common easement may be created for a shared driveway between two neighboring properties. Both property owners have the right to use the driveway, but neither can block or obstruct it. This type of easement is nonexclusive, meaning that it is not restricted to one specific person or a few specific people.
Another example of a common easement is a shared access easement, which allows one or more persons to travel across another's land to get to a nearby location, such as a road. This type of easement is often created when a property is landlocked and needs access to a public road.
Overall, a common easement is a useful tool for allowing multiple parties to benefit from the use of a particular piece of land without having to own it outright.