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An easement owner, as the owner of incorporeal property, can take legal action regarding their property in their own name, whereas a licence holder has no standing of their own to take legal action regarding the property against any other party (other than the landowner) and must have the landowner take action or take action in the landowner's ...
One approach to conducting a full grantor/grantee title search starts by searching the grantor index in the County records and determining the name of the first recorded owner of title. This is usually the sovereign, which is the federal government or the Crown of the nation which owned a former colony now located within the United States.
A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate).The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity.
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.
Conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. In fact, this difference in value is the basis for the granting of the original tax incentives. An estimate of 35%–65% value reduction has been made on conservation easement land to the land owner. [13]
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. [1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.
To create an easement, first, under Law of Property Act 1925 section 65(1) a landowner may expressly grant a neighbour a right over his land, or may reserve a right when selling a portion of land to someone else. Second, an easement may also come about through an express assurance, triggering proprietary estoppel.
An easement may apply to all or a portion of the property, and need not require public access. Each conservation easement is carefully crafted to meet the needs of the landowner while not jeopardizing the conservation values of the land. [8] [page needed] In between selling land or an easement to a land trust is an option called a bargain sale.