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Legal Definitions - reserved easement

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Definition of reserved easement

Definition: A reserved easement is an interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose. The land benefiting from an easement is called the dominant estate, and the land burdened by an 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. The primary recognized easements are:

  • A right-of-way
  • A right of entry for any purpose relating to the dominant estate
  • A right to the support of land and buildings
  • A right of light and air
  • A right to water
  • A right to do some act that would otherwise amount to a nuisance
  • A right to place or keep something on the servient estate

For example, if a landowner grants an easement to a utility company to run power lines across their property, the landowner retains ownership of the land but allows the utility company to use it for a specific purpose.

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Simple Definition

A reserved easement is when someone has the right to use someone else's land for a specific purpose, like crossing it to get to a road. The land that benefits from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. Unlike owning land, having an easement doesn't give you the right to possess, take from, improve, or sell the land. There are different types of easements, like a right-of-way or a right to water. An easement can last forever, but it doesn't give the holder the right to do whatever they want with the land.

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