Easements

Real Estate and Property

Prepared by: Constantinople

Easements such as rights of way, usufruct or building rights may affect a property's use and value. The beneficiary, whether a person or a property, and the scope must be identified as well as the name of the right.

Powers of Use or Obligations to Tolerate

An easement may require the owner to refrain from certain powers or tolerate a particular use by the holder. Not every easement has the same scope. Rights appurtenant to land and rights attached to a person may differ in transferability, duration and use. Everyday permission or tolerance may not have the same legal structure as a registered easement.

Registration and the Underlying Document

The creating agreement, court decision and entry are examined together. The route of passage, usable area, vehicle type or extent of an installation may be linked to a technical plan. Changed needs do not justify an unlimited increase in the burden on the servient property. Maintenance costs or a request for relocation are likewise assessed according to the right's characteristics.

Claims in a Dispute

Different claims may arise where exercise of the right is obstructed, its scope exceeded or its benefit said to have ended. Requirements for termination and cancellation are investigated separately. Transfer to a new owner does not invariably extinguish a continuing easement. Whether actual use remains within the registered limits must be shown.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Easement entry
• Creating agreement or decision
• Route and area plan
• Photographs of use
• Maintenance and alteration records

Why Do the Particular Circumstances Matter?

For example, converting a right said to have been established for pedestrian passage into heavy-vehicle access may raise a dispute over scope. The review compares the entry and underlying document first, then the present use.