Hi all. Looking at a property and the Section 32 makes mention of an Appurtenant Easement which seems to take away part of the land. Can anyone explain the issues and hurdles, if any, that we might being face with this property. Thanks.
An easement appurtenant attaches to the land permanently and benefits its owner. In order for it to exist, there must be two pieces of land owned by different individuals. One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate or tenement, is the land that has the burden of the easement. An easement appurtenant is a Covenant running with the land since it is incapable of a separate and independent existence from the land to which it is annexed. A common example would be where one landowner—A—is the owner of land that is separated from a road by land owned by B. If B sells A a right of way across his or her land, it is a right that is appurtenant to A’s land and can only be used in connection thereof.
http://legal-dictionary.thefreedictionary.com/easement
The Freckle
The purpose of easements is generally to allow access to something. This may be access through a property to service something. Power, water sewer etc.
Easements may carry services, water power sewer etc. Easements may allow access for other landowners etc.
Easements generally have limitations as to what you can put under the ground and you usually cannot build anything over them.
Check with your local authority for specific’s about what you can and can’t do
The Freckle
An easement must accomodate and serve the dominant tenement and the easement must be capable of forming the subject matter of a grant. However an easement appurtenant is created to benefit the dominant owner.
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