Who is the grantee in an easement?

Who is the grantee in an easement?

The grantor, or servient tenant, can simply sign an easement agreement that conveys the easement to the grantee, the dominant tenant. The parties also may create an easement in a deed that conveys the dominant or servient land.

What is a negative easement appurtenant?

A Negative Easement is just the opposite of an Affirmative Easement. A Negative Easement prohibits a landowner from doing something. One common example of a Negative Easement is a restriction from building an obstruction on the Servient Estate.

What are the requirements for an easement grant?

The right claimed must be capable of forming the subject matter of a grant. There must be a dominant and servient tenement The two portions of land, though separate, must (for easements) be adjacent and neighbouring to each other, and must be two distinct parcels of land.

Can a tenant have an easement over his own land?

the two plots of land should be close to each other ( Bailey v Stephens (1862)); the dominant and servient tenements must be owned by different persons (you cannot have an easement over your own land but a tenant can have an easement over his landlord’s land); the easement must be capable of forming the subject matter of the grant:

Which is precedent for deed of grant of easement?

This Precedent is a deed of grant for an easement of a right of way, with or without vehicles. It includes covenants by the grantee to contribute to the costs of maintenance and optional clauses setting out mortgagee’s consent to the grant. This Precedent is a deed of grant of easements in respect of underground service media.

How are profits A prendre and easements different?

This is a right that does not occur in easements. Further, profits à prendre exist “in gross”, which means that the land which comprises the dominant tenement need not be adjacent or neighbouring to the land subject to the servient tenement, whereas with easements there is a requirement for neighbouring or adjacent land.

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