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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.
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