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quote:
Originally posted by John S. Rabi...
Recorded easements are actually part of most deeds since the phone company and electric company both have easements for their lines on most properties. The second most existing easements are for access purposes to other properties. It would take way too long to describe all the easements here...
John what does it mean, on say, a driveway easement - "in favor of TMK X" - dont they equally share the easement?
No (having owned a couple parcels with easements).
There is the dominant and the servient tenement. The dominant is the parcel that gets the benefit of access through crossing the servient parcel, which bears the burden. The land belongs to the servient tenemant. The easement right belongs to the dominant. One cannot have an easement over one's own land. "In favor of TMK X" refers to X as the dominant tenement.
In my current situation, my back neighbor and I share a road parcel that serves a driveway for both of us. It's not an easement, but has its own TMK, and we own it with an undivided interest. We have an equal obligation to maintain it.
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Finaly got a copy of " land and power in hawaii " great book but only one chapter on the big island. is there anymore of the history of the big island substandard subdivisions anywhere?