What is an easement?
An easement is a legal concept in residential real estate law, which applies in the state of New Hampshire. An easement gives one party the right to use the real property (land) of another party. In other words, the owner of the property gives another party the right to use their land for a certain purpose. There are two main types of easements: “in gross” and “appurtenant”. An in gross easement affects the property of only one party, and does not involve two separate properties. An appurtenant easement affects two adjacent properties, and allows a person to use the adjacent land of another person. For example, someone may have an easement to use a path to access her property. The path passes through the neighboring property. This would be an example of an appurtenant easement, as it affects two adjacent properties. An easement can also give a person the right to use an area for business purposes, to access utilities like water or electricity, or to build or maintain a structure. An easement must be in writing to be legally binding, and the grantor (person granting the easement) must give up certain rights to the property. Easements are important for residential real estate law in New Hampshire, as they provide parties with access to land that would otherwise be unavailable. While an easement gives the other party certain rights over the property, it does not give the other party ownership.
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