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  20. General TopicsStated otherwise when a person or entity is granted an easement only the legal right to use the property is granted but title to the land is still retained by the owner Easements are more commonly granted to utility companies such as telephone or electrical companies to run cable and power lines.

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In states that require the payment of property taxes to obtain ownership by a trespasser, courts will grant the trespasser a prescriptive easement, but not ownership, when all requirements have been met except paying the taxes.

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Several cases throughout the United States have dealt with the apportionability issue in relation to the installation of cable television or telephone lines on existing power poles.

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Utility easements generally allow only employees of the utility company or municipality to access the property.

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For example, where a landowner conveys a portion of his land and does not have access to a public street for the retained portion, he or she may have a claim for an easement by necessity.

Most commonly, easements are created in documents.

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    Although no title to the land is vested in the easement owner, he does own rights which he can assert and protect.

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  4. GTCIf all the other requirements are met except the tax payment, a court will usually grant a prescriptive easement to use the property to the trespasser, instead of ownership through adverse possession. InfinityThat the landowner also has his own easement as part of a right of way which.
  5. PlayerThe party claiming an easement by necessity has the burden to prove all facts necessary to establish it. Sheriffs How can testify about it decide to utility easement and then on whether to another telegraph company had installed on your rights.

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An owner who allows someone to trespass for years without giving permission, complaining or taking action, the theory goes, loses the rights to the land.

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This is especially true with easements as their creation, transfer, and termination process is unique.

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It has gradually become more difficult to purchase easements which specify no precise route or width of the easement granted as landowners have become more savvy and protective of their lands.

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Easements are generally created either by agreement between the land owner and another party, or by operation of law with either a law passed by a legislature or its agencies, or by common law.

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An easement is defined as a right, privilege or advantage in real property, existing distinct from the ownership of the land.

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The above example shows an incorrect use of right of way, building a shed within the border zone.

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