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Easements and Rights of Way

Mar 4, 2021 | Easements and Rights of Way, The Basics of Land Ownership | 0 comments

Home » The Basics of Land Ownership » Easements and Rights of Way » Easements and Rights of Way

An easement is a situation where the title to a piece of land remains with the landowner while the right is given to another person or organization to use the land for a specific purpose.

  • An easement that stays with the land regardless of who owns it is referred to in legal terms as ‘appurtenant to the land’.
  • An easement that is not attached to the parcel of land and is only relevant to the individual currently owning it is referred to as an ‘easement in gross’.

A statutory right of way is a right that a municipal or industrial user has over a parcel of land. Unlike an easement, a right of way is an agreement in which no one user of the land benefits more from the use of the land – it has no designated ‘dominant tenement’.

The most common rights of way in the oil and gas industry are for pipelines, power lines and access roads.

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