An intermittent easement is an agreement that grants one person the right to use another person’s land for a specific purpose, but only on a sporadic basis, rather than continuously. For instance, an individual may have an intermittent easement to traverse someone else’s land in order to reach a nearby road. The land that benefits from the easement is referred to as the dominant estate, while the land that is encumbered by the easement is known as the servient estate. Unlike land ownership, possessing an easement does not confer the holder with the authority to possess, extract resources from, enhance, or transfer ownership of the land.
An intermittent easement refers to an easement that is not regularly or continuously used, but rather only from time to time. It is a limited right to use or control another person’s land for a specific purpose. The land that benefits from the easement is known as the dominant estate, while the land burdened by the easement is called the servient estate. For instance, a property owner may have an intermittent easement to cross a neighbour’s land in order to reach a nearby lake for fishing. This easement is only utilised when the property owner desires to go fishing, rather than on a consistent basis. Another example of an intermittent easement is a right-of-way granted to a farmer for accessing a field during the crop harvesting season, rather than throughout the entire year.
An intermittent easement is a legal right granted to someone to use another person’s property for a specific purpose, but only at certain times or intervals.
Common examples of intermittent easements include rights of way for utility companies to access and maintain their infrastructure, such as power lines or pipelines, that may require periodic access to the property.
An intermittent easement is typically created through a written agreement between the property owner and the party seeking the easement. This agreement outlines the specific terms and conditions of the easement, including the times and intervals during which it can be exercised.
In most cases, an intermittent easement cannot be revoked unilaterally by the property owner once it has been granted. However, there may be certain circumstances where the easement can be terminated or modified by mutual agreement or through legal action.
In general, an intermittent easement can be transferred to another party if the original agreement allows for it. However, the transfer of an easement may require the consent of both the property owner and the party benefiting from the easement.
The property owner may have the right to impose reasonable restrictions on the use of an intermittent easement, as long as these restrictions do not unreasonably interfere with the rights of the party benefiting from the easement.
The property owner may be entitled to charge a fee for granting an intermittent easement, especially if it involves significant inconvenience or potential damage to the property. The amount of the fee would typically be negotiated between the parties.
If the party benefiting from the intermittent easement fails to comply with the terms of the agreement, the property owner may have the right to seek legal remedies, such as terminating the easement or seeking damages for any harm caused.
An intermittent easement can be expanded or modified if both parties agree to the changes. This would typically require an amendment to the original agreement and the consent of all parties involved.
An intermittent easement can be terminated if both parties agree to it or if certain conditions specified in the original agreement are met. Additionally, a court may order the termination of an easement if it is found to be no longer necessary or if it is being abused or misused.
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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