If a servient Real Property Unit (the land burdened by an easement) is subdivided, each resulting part generally remains subject to the easement. However, if the easement is only exercised over specific sections, or if it cannot be exercised over ce…
If a servient Real Property Unit (the land burdened by an easement) is subdivided, each resulting part generally remains subject to the easement. However, if the easement is only exercised over specific sections, or if it cannot be exercised over certain new parts, the owners of those parts have a legal remedy. They may apply to the DLD to have the easement extinguished over their specific portion of the land. This allows for the efficient development of subdivided land while protecting pre-existing property rights,.
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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