Notary Explains: What Does Easement Mean?
An in-depth explanation of easement, a common legal concept in real estate transactions, explained by our expert notary.
Notary Explains: What Does Easement Mean?
In the legal domain of real estate, numerous terms may not be immediately clear. Our notary is here to clarify what these terms, which you might encounter in your property documents, really mean. In this session, we focus on the concept of 'easement'.
Definition of Easement
Easement is a legal term often encountered in real estate transactions. It describes the right that an individual has to use a piece of land or property owned by another for a specified purpose. These rights are typically established via a notarial deed and involve a burden with which one plot of land, the 'servient estate', is encumbered for the benefit of another plot, the 'dominant estate'.
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Practical Example
A classic example of an easement is when a homeowner grants his neighbor the right to use a path through his garden to reach the public road.
Different Types of Easement
Easements come in various forms, the most well-known being the right of way and the right to light and view:
- Right of Way: This right allows someone to cross another's property to gain access to their own land. This is commonly applicable to driveways or paths that cross a neighboring property.
- Right to Light and View: This grants someone the right to receive light and air from the land of another. This right becomes important when, for example, a neighbor plants new trees or constructs a building that blocks sunlight or the view.
The Role of the Notary in Easements
Easements are usually recorded in a notarial deed and included in the cadaster. This ensures that all parties involved are informed of the rights and obligations arising from the easement.
Adjustments to Easements
Under certain conditions, it is possible to make changes to an easement. For instance, moving a path to another part of the property. Such changes must be documented in a new notarial deed, signed by all parties involved, and registered in the cadaster.
If you want to know more about easement or have specific questions about your situation, feel free to contact our notary for tailored advice.
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