Covenants, easements and licenses are methods of granting certain rights in connection with the property while retaining title to the land. The agreements vary in their formality and restrictiveness, and parties can choose which type of agreement best conforms to their intended use of the land. Easements are nonpossessory rights to use the property of another owner for a stated purpose. Express easements are written and are usually included in a deed or a will.
The creation of an express easement is governed by contract law. Info Share. An easement and profit are the concepts that one person has the legal right to a limited use of another person's real property. A license also allows the license holder to use another person's property, but a license does not include as many legal rights as an easement or a profit. Easements, Profits and Licenses Easement - The owner of an easement has a right to lawful but limited use of another person's property; e.
An easement is a burden on one estate for the benefit of another. See Nagel v. An easement is a nonpossessory interest in land belonging to another which entitles the owner of the interest to a limited use or enjoyment of the land in which the interest exists. See Estate of Schatz , N. Think of an easement as "a stick in the bundle" that allows me to have a limited use of your land; such as "I can drive on the path that crosses your land," or "you can build and maintain a powerline across my land.
S ervient tenement - land subject to an easement N. Dominant tenement - particular property benefited by easement N. Assume you have an easement to drive over my land to reach your agricultural land, but you are interested in developing your land by subdividing it to sell for homes.
The scope of the "limited use" of your easement which you used occasionally to reach your land during the growing season would not allow you to build a street for the new homeowners.
Excerpt from an AP article that appeared in the The Forum several years ago also illustrates this point. In August, Judge Evans ruled that the Ohio Oil But he said the company could not use heavy machinery that might damage the property outside the foot easement it was granted in While the company may employ some modern materials.. Easements and profits: An easement and profit are similar; the primary difference is that a profit does not include a dominant tenement.
However, we often use the word easement to also refer to a profit. The next reason is the issue of what approval requirements are necessary to grant the interest. The final issue is the intended permanency of the grant. In a fee simple transfer or conveyance, after the grant the transferor holds no further interest in the real property. However, if an easement or license is used, the ownership of the property does not change and the existing owner retains title to the property. Likewise, an easement is typically permanent, whereas a license is not.
As you can see, there are a myriad of issues when considering which option is appropriate for a given situation. If you have questions or would like to discuss easements, licenses, or transfers in more detail, please contact a Altitude Community Law attorney at Status Reports. Search Site:. Easements In general terms, an easement is the right of one person to use, but not possess, the property of another person for a specific purpose.
A covenant running with the land is a covenant that applies not only to the original parties but also to all their successors with an interest in the land. For a covenant running with the land to be enforceable, 4 requirements must be satisfied:. Because the privity of estate requirement arbitrarily restricts the covenant to certain successors in interest, even though it should logically apply to all successors in interest, the courts have developed an alternative interpretation called equitable servitudes, based on all the requirements for a covenant running with the land except the privity of estate requirement.
An equitable servitude is created by an instrument complying with the Statute of Frauds, stating that the use of the land is restricted, and giving notice of the restriction to any purchaser of the land. However, the notice can be constructive, in that the deed or other conveyance document can refer to the restriction.
For instance, the restriction can be registered on a subdivision map and referenced by the deed. A lien is a claim against the property which serves as collateral for a debt.
The lien holder has the legal right to go to court to have the property sold to satisfy the debt, if it is not paid. Liens have priorities, so that when the property is sold, higher priority liens are paid before lower priority liens. The liens transfer with the property, so if they are not paid when the real estate is sold, then the new owner becomes liable for the debts.
Generally, earlier recorded liens have higher priority over later liens, but liens for taxes, assessments, and homeowner association fees have the highest priority, regardless of when they were recorded. Liens with higher priority are classified as senior liens , while lower priority liens are junior liens. After any liens for taxes, assessments, and association fees, 1 st mortgages have the most senior lien, since loans to pay for property are not granted for properties without a clear title , meaning, in part, that there are no outstanding liens on the property.
Besides unpaid debt collateralized by property, anyone who works on the property and is not paid can file a mechanic's lien. A judgment lien can also be assessed against property for liabilities unrelated to the property.
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