Easements are legal title of defined dimensions that have to be created by a Licensed land surveyor and registered by the land titles office, exactly the same as a land certificate of title.
Easements benefit a piece of land, they do not assign rights to a person.
However a person who has rights or interest in land that benfits from an easement, ie right of carriage, can therefore enjoy the easement.
When the land is sold, the new owner of the land benefits form the easement. The old owner has no right to enjoy the easement.
Easements are listed on both the servient and dominant title holders, certificate of titles.
Easements normally, can only be extinguished by consent of the dominant title holder(s)
In my opinion, the developer can not extinguish your easement and
They need to talk to you and offer you compensation, to alter or extinguish your easement.
Easements benefit a piece of land, they do not assign rights to a person.
However a person who has rights or interest in land that benfits from an easement, ie right of carriage, can therefore enjoy the easement.
When the land is sold, the new owner of the land benefits form the easement. The old owner has no right to enjoy the easement.
Easements are listed on both the servient and dominant title holders, certificate of titles.
Easements normally, can only be extinguished by consent of the dominant title holder(s)
In my opinion, the developer can not extinguish your easement and
They need to talk to you and offer you compensation, to alter or extinguish your easement.
