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Simple English definitions for legal terms
nonapparent easement
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A quick definition of nonapparent easement:
A nonapparent easement is a type of legal right that allows someone to use or control 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 owning land, an easement doesn't give the holder the right to possess, take from, improve, or sell the land. There are different types of easements, like a right-of-way or a right to water. A nonapparent easement is one that can only be used if the person claiming it deliberately acts in some way with regard to the servient estate, like a right-of-way or the right to draw water.A more thorough explanation:
A nonapparent easement is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of nonapparent easements include a right-of-way and the right to draw water. 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.
For instance, if a property owner has an easement to draw water from a well on a neighboring property, they can only exercise that right if they take deliberate action to access the well. The easement does not give them the right to possess or sell the neighboring property.
Another example of a nonapparent easement is a right-of-way, which allows a property owner to cross over a neighboring property to access a public road. The property owner can only exercise this right if they deliberately use the right-of-way to access the road.