Saturday, April 17, 2010

Easements

I love real estate. It's old. It's predictable. It's civilized. And, you use phrases that would be recognized by those living during the Norman Invasion.
Easements are a particularly vexing problem for both the owners of property that have easements passing over them and those that hold the right to use the property of another person. Recently, the holder of the dominant estate got his wings clipped by the Virginia Supreme Court when they were told to remove the obstructions from the easement.

Prescriptive Easements also got some time from the Court. "To establish a prescriptive easement, the claimant must prove that use of the servient estate was adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the servient estate." With this in mind, the Court deemed an underground sewer line does not give life to a prescriptive easement.