Can the owner of the parcel where the easement exist move the driveway?
There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities. When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description. To terminate an easement, a condition for the purpose of the easement must have
Related Questions
- Is it possible for a parcel(s) to be protected with a conservation easement if a house or business (representing a recreational or commercial lease) exists on the land?
- What is the relationship between the conservation easement and the management plan for a particular parcel(s), and when will the management plan be developed?
- Can a property owner be liable for injuries that result from natural conditions like an icy driveway in front of a business?
