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An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes . [ 2 ] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole.
A profit (short for profit-à-prendre in Middle French for "advantage or benefit for the taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. [1]
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
Research local laws covering easements and consult legal experts if you believe your rights are being violated. In some cases, filing for injunctive relief may be used to pause further development ...
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