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Existing Use Easement
Posted: Mon Oct 21, 2013 5:16 pm
by LS_8750
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?
Clark
Posted: Mon Oct 21, 2013 6:07 pm
by LS 4722
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.
Posted: Mon Oct 21, 2013 7:07 pm
by mpallamary
There is a case out there somewhere that tried to tackle this one. I will see if I can find it.
Posted: Tue Oct 22, 2013 12:34 pm
by LS_8750
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?
Posted: Wed Oct 23, 2013 7:28 am
by Stephen Johnson
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.