An exclusive easement is a limited interest in someone else’s land, granting the holder specific use or enjoyment rights. It does not give ownership of the land and can be created through a will, contract, or deed. Improper use can lead to legal disputes.
The owner of an exclusive easement, known as a titular, has a limited interest in the land that someone else owns or owns. An easement is often limited to the use or enjoyment of the property to which only the holder of the exclusive easement is entitled. It does not give the holder the right to own the land. The opposite is a non-exclusive or common easement, where multiple easement holders can use land owned by one another. These are often public easements, which are usually granted to utility companies.
The main point to note about exclusive easements is that the owner does not have the right to own the land. The owner has a non-possessory interest, which means that he cannot occupy the land or prevent the owner from using it. The exception to that rule is often when the owner interferes with the holder’s use of the easement or allows others to do the same. In these cases, the owner can often initiate legal action to prevent the owner or others from interfering.
The three most commonly used ways to create an exclusive easement include a will, contract, or deed. It is usually necessary for an easement to be written, because it implies an interest in the land. An exclusive easement can be created by implication in limited circumstances, however, even in the absence of a written document. For example, an easement of necessity is usually implied if the holder lives on landlocked property and has to walk through adjacent someone else’s owned property to access the road. Once an easement is created, it is often attacked and transferred with the land.
Easements can be affirmative or negative. Affirmative easements usually oblige the landowner to allow access or to do something, and grant the owner the right to do something. Negative easements are those in which landowners promise not to do something for the owner’s benefit. A common example is the right of a neighbor holding an easement to prevent a neighboring landowner from building a structure or fence that would obstruct the view.
Improper use of an exclusive easement, whether by the owner or the tenant, can give rise to legal disputes. A written document that clearly creates the easement, and details it, can often avoid the need to go to court. It is often more difficult to prove that an implied easement exists or does not exist based on the circumstances.
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