Easement

Easement, right of way and right of way

An easement is an obligation that the owner of one parcel of land (the servient property) has to the owner of the other parcel of land (the governing property). Examples of easements are the right of way or the right of access, the right of drainage, having to tolerate pipes or sewers, and even the obligation not to build on part of a plot. In fact, an easement can even include the obligation to maintain plantings or works.

Emergence of an easement

Easements are created by establishment or prescription. Establishment requires a notarized deed stating what the easement entails. This deed must then be registered in the Land Registry. For the creation of an easement by statute of limitations is (in short) necessary that the owner of the governing property, during the time the prescription was running, behaved as the possessor of the easement and that this was also known to the outside world.

Lifting an easement

An easement can be cancelled if the parties agree and request cancellation of the right themselves. If they disagree, the easement can be cancelled by the court. However, this is not easy. In this article, you can read more about cancellation of an easement.

Retribution

In the deed of settlement, it can be included that the owner of the governing property must pay a fee to the owner of the serving property. This fee is also called a retribution.

Division of ruling or serving yard

If the governing easement is divided or subdivided, the easement continues to exist for the benefit of the heirs who benefit from the easement. Under circumstances, however, this may be grounds for cancellation of the easement. If the servient yard is divided, the obligation from the easement remains on each of the new yards to the extent that exercise is possible on that new yard.

Lawyer easement

Would you like advice on establishing an easement? Or would you like to have an existing easement lifted, contact the real estate attorney at Lexys Lawyers.