If a "dominant" property unit that holds an easement over another "servient" unit is subdivided, the easement rights generally continue for each resulting part. However, this is only allowed if the subdivision does not increase the burden on the ser…
If a "dominant" property unit that holds an easement over another "servient" unit is subdivided, the easement rights generally continue for each resulting part. However, this is only allowed if the subdivision does not increase the burden on the servient unit. If the easement benefits only some of the new parts, the owner of the servient unit can apply to the DLD to extinguish the easement for the other parts. This prevents subdivision from unfairly penalizing the owner of the land that provides the easement.
This is general information from the website library. Confirm current rules, fees and property details with the relevant authority before acting.
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