Types of Easements

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What Are the Different Types of Easements? An easement is a legal right that allows someone to use part of a property that he or she does not own. There are several different types, the most common being affirmative, negative, express, implied, permissive, prescriptive, conservative, preservative, continuous, discontinuous, apparent, non-apparent, permanent and limited, easement by necessity, quasi and customary easements. The various rights granted by each depend on the nature of its creation and its continued use. An affirmative easement is one which gives a single person the right to use the property in question, and requires that the property owner allow that person access to his or her land. An example is a property owner…show more content…
This is illustration (a). A right of way is a discontinuous easement. This is illustration (b). There isdivergence of judicial opinion in country on the question whether the right to discharge water used for domestic purpose is a continuous or a discontinuous easement though a right to discharge rain-water is unanimously easement. Apparent and non-apparent easements: An easement is apparent if its existence is evidenced by some apparent sign, whether that inspection to everyone or whether it can only be perceived on a careful inspection by a person ordinary conversant with the subject. An easement is non-apparent if no external sign points to its existence. For apparency to be material the apparency must be on the servient tenement. Permanent and limited Easements An easement may be permanent, or for a term of years of other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act. Comments Limitations on easements: Section 6 sets out the limitations of time and conditions that may be imposed on easements: (A) Limitations as to time: (i) Easement may be permanent; (ii) Easement may be limited— (a) for a term of years, or (b) for other limited period; (iii) Easement may be

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