(h) support easements;(i) telecommunications services:(j) recreational services (i.e., sharing or access to recreational facilities) ;(k) emergency stair services; and (l) easements for the repair of equipment. The classes or types of services that can be created under the act are open to meet changes in society and the needs of landowners. There does not appear to be any restriction on the type of services that the courts can create. This is especially true when creative servitudes are required for projects to function properly. Unfortunately, the criteria for determining whether or not the use is servable (unlike the types of services as soon as the criteria are met) are defined and cannot be extended. The land concerned by the easement must be described in the initial creation document as well as in onward transfers and mortgages. The corresponding documents (for example. B a reference plan or a favourable document called “instrument”) are listed in the parcel register, which can be purchased from the local cadastre or downloaded by TERANET. These documents are also included in a BoundaryPlus™ Property Report from Protect Your Boundaries. Hello, Our property has an easement of about 1 meter that the city uses to access the power grid for the last 40 years. Recently, the city paved the easement with gravel and made a new road that is for a bike/hiking trail. They have not provided us with any document that shows that this is in the original use and I doubt that this is the case, because it is a completely different purpose – mainly Parks & Rec.
I have written to the planning office and I am waiting for his response. While new forms of property interest cannot be created, it is generally accepted that, as long as the four characteristics of an easement exist, the categories or types of services are open to the imaginative judge.3 . . . .