Easements


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EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. 131, 194; 2 McCord, R. 451; 14 Mass. R. 49 3 Pick. R. 408.
     2. This is an incorporeal hereditament, and corresponds nearly to the servitudes or services of the civil law. Vide Lilly's Reg. h.t. 2 Bouv. Inst. n. 1600, et seq.; 3 Kent, Com. 344: Cruise, Dig. t. 31, c. 1, s. 17; 2 Hill. Ab. c. 5; 9 Pick. R. 51; 1 Bail. R. 56; 5 Mass. R. 129; 4 McCord's R. 102; Whatl. on Eas. passim; and the article Servitude.

References in periodicals archive ?
Research plats, property deeds at the city/county courthouse and construction as-built--GIS maps and property deeds assist in communicating with property owners the existence of utility easements.
Developing a positive relationship with environmental groups will assist in maintaining utility easements and assist in funding sustainable projects.
The uncertainty led residents to fear that if the property was developed, the easement could have been used to provide access, bringing additional traffic to residential streets there.
But the revised order also included for the first time a 518-square-foot permanent easement "to the benefit of Assumption College'' over the southwest corner of the Nelson Place School property.
After much negotiation, the co-op agreed to sell a light and air easement to the developer.
The light and air easement commences at a horizontal limiting plane over the highest point of the co-op's roof, which is the co-op's water tower.
This resulted in the Esgar and Temple conservation easements being valued at $49,774 and the Holmes easement valued at $49,502.
The Commissioner offered expert testimony of a certified appraiser who had appraised 150 conservation easements.
Each of these conservation easements is held by an entity, either a
Easements for pipelines, surface sites, and roads that are for a definite term of years are considered leases.
Preservation easements, at their most fundamental level, are simply
Further, while the land may be sold, the conservation easement continues on title, ,and the new owner must abide by the conservation goals and restrictions of the qualifying organization.