If a deed provides for an easement granting ingress and egress over a neighboring property but fails to locate the easement, the:
Correct Answer
C) servient tenement holder may first designate a reasonable location for the easement.
A general easement for ingress and egress is not void merely because the route is not specified. The servient owner may first designate a reasonable location; if that does not occur, the location may be resolved through the applicable legal process. Option C states the rule tested here.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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