A discontinuous easement is a legal right that allows someone to use another person’s land for a specific purpose, such as accessing a road. The land benefiting from the easement is known as the dominant estate, while the land burdened by the easement is called the servient estate. Unlike land ownership, an easement only grants the holder the right to use or control the land for a specific purpose. To claim a discontinuous easement, the person must deliberately act in some way with regard to the servient estate, such as using a right-of-way or drawing water.
A discontinuous easement is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of discontinuous easements include a right-of-way that allows a neighbour to cross your property to access a public road and the right to draw water from a well on a neighbour’s property. In both cases, the neighbour can only exercise these rights if they deliberately act to do so. These examples highlight how a discontinuous easement requires a deliberate action by the party claiming it in order to be enjoyed. Without this deliberate action, the easement cannot be utilised.
A discontinuous easement is a legal right that allows someone to use another person’s property for a specific purpose, but the easement is not continuous or uninterrupted. This means that the person with the easement can only access the property at certain times or under certain conditions.
A discontinuous easement can be created through a written agreement between the property owner and the person seeking the easement. It can also be created through a court order or by prescription, which means that the person has been using the property openly and continuously for a certain period of time.
Examples of discontinuous easements include rights of way for accessing a landlocked property, rights to use a driveway or pathway that crosses another person’s property, or rights to access a water source on someone else’s land.
Yes, a discontinuous easement can be terminated under certain circumstances. For example, if the purpose for which the easement was created no longer exists, or if the person with the easement fails to use it for a certain period of time, the easement may be terminated.
Yes, a discontinuous easement can be transferred to another person, but it usually requires the consent of the property owner. The new person acquiring the easement would need to enter into a new agreement or obtain a court order allowing the transfer.
Yes, a property owner can impose reasonable restrictions on the use of a discontinuous easement. These restrictions may include limitations on the frequency or duration of use, as well as any necessary maintenance or repairs.
No, a property owner cannot block access to a discontinuous easement if it has been legally established. However, the property owner may have the right to impose reasonable restrictions on the use of the easement.
Expanding or modifying a discontinuous easement typically requires the consent of both the property owner and the person with the easement. This can be done through a written agreement or by seeking a court order.
In most cases, the person with the easement cannot unilaterally revoke or terminate the easement. However, if both parties agree to terminate the easement, it can be done through a written agreement.
If there is a dispute regarding a discontinuous easement, it is advisable to seek legal advice. An attorney specializing in real estate law can help you understand your rights and options, and guide you through the resolution process, which may involve negotiation, mediation, or litigation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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