When you’re dealing with appurtenant easements, there are two parcels involved – the burdened parcel and the benefitted parcel. There are some important distinctions to be aware of when it comes to these parcels. In this article, we are going to discuss the differences between the burdened parcel and the benefitted parcel when dealing with appurtenant easements.
The Burdened Parcel
A burdened parcel is the parcel of land that is “burdened” by the easement in question (or the parcel over which the easement runs). For example, if an easement granted a farmer the ability to cross another property owner’s land in order to access another area, the other property owner’s land would be the benefitted parcel, while the farmer’s land would be the benefitted parcel.
The Benefitted Parcel
A benefitted parcel is the parcel of land that receives the benefits of using the easement. Sometimes there are numerous benefitted or burdened parcels in an easement. When drafting easements, it is important to take into account all of the burdened and benefitted parcels involved and outline the underlying purpose of the easement in question. This will help clarify things and avoid potential conflicts in the future.
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