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Real Property • Easements
PROP#099
Legal Definition
An affirmative easement entitles the holder to make affirmative use of the servient estate.
Plain English Explanation
An affirmative easement is an easement that allows someone to enter the land and make use of it. Without such an easement, the person entering the land would be committing trespass.
Hypothetical
Hypo 1: Bob owns a house. On the side of his house is a gas meter. The gas company has the right to come onto Bob's property in order to read the gas meter or perform maintenance. Result: The gas company has an affirmative easement on Bob's property.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
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How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
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In assessing a property law issue, what is a license?
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What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is a negative easement?
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What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
