Search Results for: discontinuous easement

discontinuous easement

glossary /

An easement that can be enjoyed only if the party claiming it deliberately acts in some way with regard to the servient estate. • Examples are a right-of-way and the right to draw water. — Also termed discontinuing easement; noncontinuous easement; nonapparent easement; (in Louisiana) discontinuous servitude. Cf. continuous easement. [Cases: Easements 38. C.J.S. Easements […]

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continuous easement

glossary /

An easement that may be enjoyed without a deliberate act by the party claiming it, such as an easement for drains, sewer pipes, lateral support of a wall, or light and air. — Also termed (in Louisiana) continuous servitude. Cf. discontinuous easement. [Cases: Easements 38. C.J.S. Easements §§ 57, 143–144, 146–147, 165–167.]

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