What is misuse of an easement?

3 By “abuse” or “misuse” of an easement I mean when the owner of the dominant estate, that is, the estate that benefits from the easement, uses the easement to service (i.e., benefit) land outside of the dominant estate. 4 As measured against the standard contemplated by the parties at the inception of the easement.

Do easements run with the land?

An easement is said to “run with the land”, i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.

What is an easement in property law?

An easement is a legal right benefiting property or a piece of land (known as the dominant land) that is enjoyed over another piece of land owned by somebody else (servient land). A common example of an easement is one that allows the owner of the dominant land to do something on the servient land.

Can easements be removed?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

What is the difference between a private road and an easement?

An access easement is a right to pass over someone else’s property for – you guessed it – access. A private road also provides access to one’s land. Generally, only a limited number of people may use an access easement.

Can a neighbor use an easement on my property?

Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.

Who owns the title to an easement?

If an easement exists, the legal title to the property still remains in the name of the property owner. However, the neighbor using the property (in certain circumstances) actually owns the easement.

Why does my house have an easement for a driveway?

That is, it is surrounded by private property so you would never be able to get from the street to your house without either trespassing or using a helicopter. Fortunately, when the original property owner cut up his land into smaller parcels he granted you an easement to use as a driveway and documented that easement by putting it in your deed.

Can My Neighbor use my driveway to access his property?

No. Your neighbor has an easement which means he can use it to access his property. He can taxi an airplane on the roadway to access his property, if he wishes. Yes, his visitors can walk, jog, run, bicycle, motorcycle, drive or otherwise use the easement to access his property.