Tracy Hunsaker Gilroy Easements Law Blog on Lawyers.com

Saint Louis Real Estate Attorneys, Understanding Easements - The Gilroy Law Firm

Tuesday, July 7, 2009 by Tracy Hunsaker Gilroy

What is an Easement? - Easement law in Saint Louis is similar to the laws in many states. An easement is generally defined as a non-possessor interest in another person's property. The non-possessor nature of an easement is one of its chief -- and potentially confusing -- distinctive characteristics. An easement is a land interest that allows the carrier of the easement to use property that he/she does not own or possess. An easement does not allow the easement holder to occupy the land, or to exclude others from the land. On the contrary, the possessor of the land may continue to use the easement and may exclude everyone except the easement holder from the land. Property affected by an easement is called a "servient estate," whereas the land benefited by the easement is identified as the "dominant estate."

Most easements are positive, meaning that they authorize use of another's land. A lesser amount are negative easements, which usually involve preserving an owner's access to light or view by restricting what can be done on adjoining or nearby property. Generally, an easement holder has a right to do "whatever is reasonably convenient or necessary in order to enjoy fully the purposes for which the easement was granted," as long as he or she does not place an unreasonable burden on the servient territory. On the other hand, the owner of the servient territory can make any use of the land that does not excessively hamper the easement holder's use of the easement.

Easements cause the easement holder and the owner of the servient estate the unique position of simultaneously utilizing the same piece of land. The popularity of easements and their nature creates a distinctive set of options in creation, interpretation and realization. It is vital to have a fundamental understanding of the method in which they are formed, their extent, transferability, and processes of termination.

Whether you wish to create an easement, purchase property burdened by an easement, determine the nature of a property interest, the assistance of a Gilroy Law Firm attorney in Saint Louis can be vital - you can contact us or call at 866-779-2809

Easement Dispute in Saint Louis - The Gilroy Law Firm

saint louis real estate closing

231 S. Bemiston Avenue, Suite 800
Saint Louis, MO 63105
Phone: 866-779-2809

GilroyLaw.Net

Posted at 15:06 PM

Topic: Easements