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Re: Easements

  • 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,  
k.jones@uwinnipeg.ca writes:

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 _dlogg60798@aol.com_ 
'Defining Easements
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  
association agreement."
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, 
Fax: 204.474.7554, 
Internet: _www.umanitoba.ca/faculties/law_ 
(http://www.umanitoba.ca/faculties/law) ; 

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!
Adam Honigman
Hell's Kitchen,NYc

1) The Wikipedia open text of Canadian Property law; 
(http://en.wikibooks.org/wiki/Canadian_Property_Law/Real_Property)  . 
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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