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In the context of an easement, which land has the benefit of the easement when it lies outside and adjacent to a parcel of land?

User Sharla
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Final answer:

In the context of easements, the adjacent land that benefits from an easement is called the dominant tenement. This land gains advantages like access rights or conservation benefits, while the servient tenement bears the burden of the easement.

Step-by-step explanation:

In the context of easements, the piece of land that has the benefit of the easement is known as the dominant tenement or dominant estate. This is because it receives the advantage provided by the easement, which can range from access to resources, the right to cross another property, or the preservation of open space. The parcel of land over which the easement is granted is referred to as the servient tenement or servient estate, because it serves the interest of the dominant estate by bearing the burden of the easement. Easements are important legal tools used not only for private benefit but also for achieving public objectives such as conservation or the maintenance of green spaces, benefitting the community at large.

For instance, if an easement precludes construction on a parcel of land to preserve open green space, the benefit lies with the adjacent property or public if it's meant for public use. This reflects an intention to serve the public good, echoing the principles of land use law and restrictions on property that may arise from government action, such as eminent domain, or non-governmental agreements, like restrictive covenants and easements.

User Ivan Ivanic
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