- Subject: Re: [cg] Easements
- From: Adam36055@aol.com
- Date: Sat, 15 Apr 2006 11:06:07 EDT
In a message dated 4/15/2006 9:43:09 A.M. Eastern Standard Time,
Hi All, I've really been enjoying the bee topic. We are going to try to
i.d. our bees this summer. But back to the land... does anyone have an
easement of any kind on their gardens, and if so, how was that
accomplished? Thanks... Karen Jones
I'm not sure, from your question whether you are looking for an easement
that would permit garden activity, or if the garden would be permitting an
easement to a neighbor for access or another activity. I've copied this request
to Don Loggins of the Liz Christy Garden in NYC whose garden, I believe,
permitted access for tenants of an adjacent residential development during
operating hours. This was a negotiated settlement, and I'm not sure if it included
an easement, per se. You can reach Don at firstname.lastname@example.org_
An easement is the right of use over the real property of another.
Historically it was limited to the right of way and rights over flowing waters.
Traditionally it was a right that could only attach to an adjacent land and was for
the benefit of all, not a specific person. The right is often described as
the right to use the land of another for a special purpose. It is distinguished
from a license that only gives one a personal privilege to do something on
the land of another usually the permission to pass over the property without
creating a trespass.
Typically, an easement is composed of two tenements (types of land). There is
the dominant tenement which is the plot of land to which the benefit an
appurtenant easement is attached. Second, there is the subservient tenement
which is the plot of land which bears the burden of the easement.
Easements may be considered public or private. A private easement is limited
to a specific individual such as the owner of an adjoining land. A public
easement is one that grants the right to a large group of individuals or to the
public in general, such as the easement on public streets and highways or of
the right to navigate a river. An appurtenant easement is one that belongs to
the owner of the land that benefits from the easement, as compared to other
easements (easements in gross) that do not require ownership to obtain the
An easement may be implied or express. An express easement is typically
included in a document such as a deed or other officially recorded grant, or
incorporated by reference to a subdivision plan, or resrtictive covenants in an
Karen, navigating through this territory requires competent professional
advice. Knowledge of Canadian Provincial Real Property Law is essential here.
The law is the law.
I'd reach out to the University of Manitoba, Winnipeg to see if they have a
legal clinic for cheap or possibly free advice.
From their website, I see that they do have a Legal Aid clinic,but that may
be for folks in need of a public defender. However, there may be a professor
dealing with real estate or with an interest in publlic land use policy who
may help you. The issue of conservation easements for the preservation of
private land for public use is a favorite law school topic.
University of Manitoba Faculty of Law
Robson Hall, Winnipeg, Manitoba R3T 2N2
Phone: 204.474.6130, Fax: 204.474.7580; Admissions Office: 204.474.8825,
In case it's still too cold to garden in your area, here's some reading on
Easements. Make a strong pot of tea or coffee....:) Aha - my weekend pile of
editing has arrived - back to the salt mines!
1) The Wikipedia open text of Canadian Property law;
2) This is the Wikipedia article on easements, which should NOT be
considered as being legal advice, but a general survey of the topic in language
understandable to the intelligent layman:
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