Existing Use Easement

LS_8750 · Post by **LS_8750** » Mon Oct 21, 2013 5:16 pm

New terminology to me. Can't find it in Black's.

Can somebody enlighten me on exactly what is meant by an "existing use easement"?

What if the existing use goes away?

LS 4722 · Post by **LS 4722** » Mon Oct 21, 2013 6:07 pm

LS_8750 wrote:New terminology to me. Can't find it in Black's.

Can somebody enlighten me on exactly what is meant by an "existing use easement"?

What if the existing use goes away?

Off the top of my head it would be, for instance, a power pole servicing properties that does not have an 'official' record associated to it granting an easement. Undocumented easement by use is what I call them on my maps.

I would venture to say that if the power pole is removed and relocated then the easement is abandoned by action.

That's my take.

mpallamary · Post by **mpallamary** » Mon Oct 21, 2013 7:07 pm

There is a case out there somewhere that tried to tackle this one. I will see if I can find it.

LS_8750 · Post by **LS_8750** » Tue Oct 22, 2013 12:34 pm

Thank you.

The document I am looking at is entitled "Existing Use Easement". The lands described enclose an "existing horse corral and stable".

The corral and stable are now gone. Since the dominant tenant's improvements are gone (corral and stable), is the easement now extinguished?

Stephen Johnson · Post by **Stephen Johnson** » Wed Oct 23, 2013 7:28 am

The easement might be gone depending on the terms of use if there is an instrument. If there was no formal document delineating it, it is most likely extinguished.

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Existing Use Easement

Existing Use Easement

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