As a general rule, a holder of an easement has the right to “do all that is reasonably convenient or necessary to fully enjoy the purposes for which the easement was granted, as long as they do not impose an undue burden on the lands served. On the other hand, the owner of the land served may use this land, which does not unduly interfere with the use of the easement by the holder of the easement. What constitutes an unreasonable burden depends on the facts of the respective situation. The right to servitude must not only have ceased to exercise it, but must also have “never subsequently demonstrated a firm intention to assert the right itself or to attempt to pass it on to someone else.”[52] Circumstances alleged to be equivalent to a task must be set out in an affidavit or statement of truth. [53] The benefit of equitable servitude passes with the transfer of the dominant dwelling house. [43] It is not clear whether section 62 of the Property Law Act 1925 can be used to transform a fair servitude into a legal servitude when the dominant dwelling house is transferred. On the one hand, it seems strange that a simple license through the article could become a legal servitude, while the much narrower just servitude could not; On the other hand, such an interpretation of the section is not necessary from the buyer`s point of view, since a law enforceable in equity will be almost as useful as a law enforceable under the common law. [44] How can such access be guaranteed to a buyer? A buyer should always have the property to be purchased measured before completing that purchase. To obtain eased access, at least one boundary of the property without deviation or deviation must correspond exactly to the edge of a roadway called a right-of-way. In other words, a parcel boundary and the right-of-way line must be superimposed, at least for part of the distances between the boundary and the right-of-way lines.
If a boundary of the property to be acquired and a line of right-of-way do not coincide, the buyer must ensure that the property to be purchased has an easement that gives him the right to cross the property that lies between the property to be purchased and the public road. Otherwise, the owner of the plot in between could erect a fence to prevent the buyer from accessing the buyer`s property. Of course, if the buyer, as usual, plans to live on the purchased land, this entry and exit easement should also include the right to have utility pipes and pipes, and perhaps drainage whales (ditches) will pass through the land on which the easement is located. In the United States, easements can be acquired (purchased) by the government using its power of the important domain in a conviction case in court. Note that in the United States, under the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the owner is compensated for the fair market value of what is taken. This applies regardless of whether the government acquires full ownership of the property (“royalty title”) or a smaller stake such as an easement. For example, utilities typically benefit from a jurisdiction-wide easement to access and maintain their existing infrastructure. Easements are useful for creating trails on two or more lots that allow individuals to access other properties or a resource, such as.
B fishing in a private pond or access to a public beach. An easement is considered a property right in itself at common law and is still treated as a type of property in most jurisdictions. Often easements are created for all of the above purposes – entry and exit, utilities and drainage – but often their main purpose is to get in and out. The need for entry and exit arises when a property is not adjacent to a government-owned public road, that is, between the land in question and the road, there is another property of another party. Therefore, buyers of homes and other land should always make their purchase conditional on the entry and exit of public land, whether because of the land adjacent to a public road or because of an easement that connects the property to a public road. (All contracts created by Florida real estate agents — the Florida Association of Realtors® — and the Florida Bar — the Florida Bar Association — preprinted this requirement.) An easement cannot be recognized if it is the dominant dwelling house and subject to common ownership […].