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What Is a Property Easement?

A property easement is the right to use a certain portion of a real estate property for a specific purpose and without having to own it. Easements are commonly involved in determining and seeking access to a property owned by another individual.

Originally, there are only four types of easement. These are the right of way which gives an individual the right to pass across a property owned by another person, easement of support, light and air and rights concerning artificial waterways. The right to light is also called solar easement. It grants a person or group the right to receive a small amount of light in a window or other parts of a building that gets much amount of light.

The right to air or aviation easement pertains to the right to use airspace at a certain altitude for aviation purposes. An example would be for the spraying of an agricultural property at a low altitude.

Today, however, there are many varieties. These include storm water easement, sanitary sewer, electrical power line, telephone line, fuel gas pipe, sidewalk, view, driveway, beach access, dead end, recreational, historic preservation, conservation, communications as well as ingress and egress.

A property easement can be affirmative or negative, public or private. An affirmative type is a right granted to a person to use another individual’s property while a negative easement restricts the right of a person to prevent the use of the property for illegal activities. A public type provides easement to a piece of property for public use while a private easement is normally held by private individuals or groups.

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