What Is An Easement? And How Not Knowing About Easements Might Infringe Your Right As A Landowner

 

1.     An easement is a right of way. A right where you can use or enter onto the real property of another person without possessing it (s.5 of the National Land Code 1965).

2.     An express easement may be granted in a deed or other legal instrument, and is usually preferred by courts. An implied easement is one which is determined by courts based on the intention of the original parties and the use of the property.

3.     There are many types of easements, such as rights of way, right of support, rights of water, rights of light and air and more.

4.     A solicitor can investigate any current easements relating to the property and explain the consequences to homebuyers.

5.     An easement can be canceled in writing, estoppel, expiration date or even by death.

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