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What is easement? Example

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What is easement? Example


        

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  • 2024-06-18 18:00:48

    "Easement refers to the right to use the real estate of others to improve the efficiency of one's own real estate according to the contract. The real estate of others is servient land and one's own is servient land.

    For example, if you have a flat land on the beach and a tall building nearby, the owner of the building will give you a certain amount of money, so that you can not build a house on your land for 30 years to meet his needs for watching the sea. You agree and sign a contract. The owner of the building has the right of easement to your land.

    It should be noted that for the establishment of easement, the parties shall conclude an easement contract in writing. "

    Legal basis

    Article 372 of the Civil Code of the People's Republic of China [Definition of easement] An easement holder has the right to use the real estate of others in accordance with the contract to improve the efficiency of his own real estate.
    The immovables of others referred to in the preceding paragraph are servient tenements, and their own immovables are servient tenements.

    Article 373 of the Civil Code of the People's Republic of China [Easement Contract] To establish an easement, the parties shall conclude an easement contract in writing.
    Easement contracts generally include the following clauses:
    (1) The names and domiciles of the parties;
    (2) The location of servient tenement and servient tenement;
    (3) Purpose and method of utilization;
    (4) Term of easement;
    (5) Expenses and payment method;
    (6) Methods of dispute resolution.

    Liu***

    2024-06-18 18:00:48

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