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An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". [1] An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
Some right-of-way easements are created because the only way to access certain parcels from a public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement ...
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
However, the older and more common meaning of "right of way" was the right to locate and build a "way" (roadway) later on. Consistent with that older meaning of the term, the "right of way" reserved to the government in that patent is another name for an easement that people call "GLO Easements".
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
Property rights advocates say that failure to record a right-of-way means that there was no intention to create a public right. Shared-access groups argue that lack of formal action by counties does not diminish the public’s easement/usufruct rights through private lands.
It is also relevant to the creation of easements whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission for a period of time, usually 20 years.
A street vacation, also known as an alley vacation or vacation of public access, is a type of easement in which a government transfers the right-of-way of a public street, highway or alley to a private property owner.