Most brokers®, owners and land managers are aware of the transfer of ownership by deed. However, there is another very important interest in land, which, although it does not cover the ownership or title of the country, confers important rights. This interest in the land is called „servitude.“ These easements exist in favor of adjacent land – a perfect example is the entrance, exit, supply and drainage that cross a piece of land that separates the land that benefits from the easement, from a public road. Unless otherwise specified, the corresponding easements are automatically transferred to the country from which they benefit when the country is sold or otherwise transferred. They are told that they are „walking with the country.“ Therefore, it is not necessary to mention the servitudes that benefit from them in the act that the countries they have beneficiaries, although it is more convenient to do so. The property, which benefits from the servitude and for which the servitude was created, is called „dominant property“. The land on which an easement passes is called „Servient Estate“. The sale of the Servient Estate does not put an end to the appurtenant servitude, although the deed that transmits the servient estate does not mention the servitude. On the other hand, the licensee of the service cannot „increase the burden“ or increase or extend the use of the easement on the service asset beyond what was contemplated at the time of the creation of the easement.
For example, where an owner of land used for agricultural purposes obtains from an adjacent landowner an entry and exit service on a public highway, but the owner of that dominant property (the beneficiary farmland) decides to subdivide the land into a large subdivision, that subdivision would result in the use or burden of the easement of entry and exit into the servant property, On which she passed, increase considerably. and the owner of the estate could obtain an injunction to prevent this increased use. An easement confers on its holder an unsinged right to use the country for specific purposes. The party benefiting from the easement may use the property in different ways, but does not confer any ownership rights in the property. Most easements are created as non-exclusive services. In the case of a non-exclusive easement, the beneficiary of the easement is not authorized to exclude from the use of that property other persons, including the owner of the land. Non-exclusive easements usually have multiple service owners who benefit from the use of the property. 1. Common Law ways of necessity. A common type of necessity is an easement that occurs when an owner sells part of his country and either (a) the sold part has no practical access to a public road, except on the seller`s remaining land, or (b) the remaining land retained by the seller has no practical access to a public road, except by the land sold…