How does an easement work?
An easement gives the dominant property a right to use the servient property in a certain respect. Contractual easements are governed by the Land Code, official easements are created through a cadastral procedure.
Source status
- Source reference registered, source text not re-verified
Read date
- Source reference registered, source text not re-verified
Read date
What the source says
- Chapter 14 of the Land Code: an easement shall promote appropriate land use and be granted in writing.
- Chapter 7 of the Real Property Formation Act: official easements are created through property regulation.
- A contractual easement may be registered to bind a new owner.
Source rows
For the owner, landlord or seller
Register the easement, an unregistered contractual easement may lapse on transfer.
For the tenant, buyer or client
Check the property register before purchase, the burden follows the property and not the seller.
Next step
Read the Land Code together with the property formation rules before the grant is drafted.
The page states what the source says under the stated conditions. It is not advice in an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.