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Section 11. Easements |
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This section is from the book "Popular Law Library Vol6 Real Property, Abstracts, Mining Law", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
An easement is sometimes classified as an incorporeal hereditament, but at other times it is a mere license.
An easement is a right in favor of some person of property imposed upon another piece of property. The land to which the right is attached is called the dominant tenement and that in which it exists is called the servient tenement. Easements themselves are classified as appurtenant and in gross. The former are attached to a certain part of land and passed with it. The latter belong to some individual and are not assignable.
Easements are also classified as affirmative and negative. An affirmative easement is one which allows the owner of the dominant tenement to do some act on the servient tenement, as to cross over it, in the case of a right of way. A negative easement is one which prohibits the owner of a servient tenement from doing a certain thing on or in relation to his land. An illustration of this would be where a land owner was prohibited from building on a certain portion of his land for the benefit of the adjacent land-owner.
14 Warvelle on Real Property, page" 50
 
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