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Legal Definitions - exclusive easement

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Definition of exclusive easement

An exclusive easement is a type of easement that grants the holder the sole right to use the land for a specific purpose. An easement is a legal right to use someone else's property for a specific purpose. The land that benefits from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate.

For example, if a homeowner grants an exclusive easement to their neighbor to use their driveway, the neighbor has the sole right to use the driveway, and the homeowner cannot use it while the easement is in effect.

Another example of an exclusive easement is a right-of-way, which grants the holder the exclusive right to cross someone else's land to access a public road.

Exclusive easements are different from common easements, which allow multiple people to use the land for a specific purpose.

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Simple Definition

An exclusive easement is a right given to someone to use or control someone else's land for a specific purpose, like crossing it to get to a public road. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land. There are different types of easements, such as a right-of-way, a right to water, or a right to light and air.

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