What is an Easement? + Servient & Dominant Tenement’s
Easements refer to the legal right to use another person’s land for a specific purpose, without possessing it. These rights are often granted in the form of a written agreement or recorded in property deeds. There are several types of easements, and they can impact how a property is used and accessed. Here are some examples:
Utility Easement
Definition & Details: Utility easements are common for services like electricity, water, gas, or telecommunications. The easement grants utility companies the right to access the property to install, maintain, and repair their infrastructure.
Example: An electrical utility easement may allow the power company to install and maintain power lines and equipment on a commercial property.
Access Easement
Definition & Details: Access easements are crucial for properties without direct road frontage. They provide a legal right for someone to travel across a property to reach another location, typically a public road.
Example: A landlocked property may have an access easement across a neighboring property to allow for entry and exit.
Conservation Easement
Definition & Details: Conservation easements are established to protect natural resources and limit development. They are often created voluntarily by property owners in collaboration with conservation organizations or government entities.
Example: A commercial property located in an environmentally sensitive area may have a conservation easement to preserve the natural habitat and prevent excessive development.
Prescriptive Easement
Definition & Details: Prescriptive easements are acquired through continuous, open, and unauthorized use of another person’s property for a certain period (which varies by jurisdiction). The use must be hostile and without the owner’s permission.
Example: If a business has been using a portion of a neighboring property for parking without objection for an extended period, they may be able to gain a prescriptive easement for parking.
Drainage Easement
Definition & Details: Drainage easements are designed to allow the natural flow of water across a property to prevent flooding or water damage on adjacent properties. They are common in areas prone to heavy rainfall.
Example: A commercial property located downhill from other properties may have a drainage easement allowing water to flow through to prevent flooding on neighboring lands.
Solar Easement
Definition & Details: Solar easements protect access to sunlight for solar energy systems. They prevent the construction of structures or vegetation that could obstruct sunlight and reduce the efficiency of solar panels.
Example: A commercial property with solar panels on its roof may have a solar easement preventing adjacent properties from constructing tall buildings or planting trees that would shade the solar panels.
In the context of easements, the terms “servient tenement” and “dominant tenement” are often used to describe the relationship between the properties involved in an easement. Here’s a short explanation:
1.) Servient Tenement:
Definition: The servient tenement is the property that bears the burden of the easement. In other words, it is the property over which the right of use or access is granted to the owner of the dominant tenement.
Example: If a utility company has an easement to install and maintain power lines on Property A, and Property A is the one allowing this use, then Property A is the servient tenement.
2.) Dominant Tenement:
Definition: The dominant tenement is the property that benefits from the easement. It is the property that receives the right to use or access the servient tenement for a specific purpose.
Example: If Property B has an easement to use the driveway on Property A for access, and Property B is the one benefiting from this right, then Property B is the dominant tenement.
Understanding the specifics of each easement is crucial for property owners, buyers, and developers. Legal professionals specializing in real estate can provide detailed insights into the implications of existing easements on a commercial property and help navigate any potential challenges or opportunities.
Disclaimer: The information provided in this document is for general informational purposes only and is not intended as legal advice. Laws and regulations vary by jurisdiction, and the interpretation of legal concepts can depend on specific circumstances. Readers are strongly encouraged to seek the advice of a qualified legal professional regarding any legal concerns or questions they may have. The author disclaims any liability for any actions taken or not taken based on the information provided in this document. Always consult with a licensed attorney or other qualified professionals for advice tailored to your individual situation.
