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Need help with an Easement?
An easement is a legal right granted to a person permitting the usage or access to another person's property for a specific purpose and a pre-decided duration. Once granted, an easement provides the owner the right to enter the property for a certain use and period as permissible by state law. Easements may impact ownership and restrict what you can do with your property. Let us learn more about easements in the blog below.
Key Factors Governing an Easement
Below are the factors explaining the workings of an easement:
- Easements are used to describe a formal agreement between the owner of a property and another party, be it a person or an organization.
- The complainant must pay the owner in accordance with the easement terms and agreement for the right to use the subject of the easement for a certain purpose.
- Since an easement is specific to the agreement between the two parties involved, easement agreements are established with the owner having the option to terminate the easement and specify the property's specific use.
- Potential purchasers must be aware of any easements being assessed on the home because these agreements are frequently turned into a land sale.
Types of Easements
There are a variety types of easements, and each can have a distinct impact. The four distinct forms of easements are described in the following overview.
- Utility Easements: It is established by state or local legislation and allows utility workers access to infrastructure on private properties. Because they grant the utility company authorized access to your land, but only for a defined purpose, utility easements are occasionally referred to as affirmative easements.
- Private Easements: These refer to the property rights that the land owner may grant to a third party, sell, or develop independently. For example, if your neighbor requests access to your property to set up solar panels. You have the choice to allow access or deny selling a private easement. For instance, whoever you sell the house to in the future may be impacted if you give your neighbor a private easement. Therefore, private easements on a property should always be verified before purchasing a house.
- Easements by Necessity: Easements are necessary whenever someone needs to access your land. These are made due to the government's long-standing interest in turning the property profitable and are sometimes referred to as access easements. As an illustration, consider living in a rural region where your neighbor is landlocked and must cross your property to get to the road. Your neighbor would have the right of way in this scenario, and an easement would be necessary.
- Prescriptive Easements: An individual who does not own the underlying property is given a prescriptive easement, a property right. The easement is established due to the well-known use of the property for a duration as permitted by state law. For instance, imagine your neighbor beginning to park in your driveway without your consent. They carry on doing it year after year since you do nothing to stop them. They can acquire access to your property by breaking the law despite how unfair it may appear. This is because the court can interpret your refusal to stop them as a concession on your part.
Methods to Terminate an Easement
Mentioned below are various methods that are used to terminate an easement:
- Abandoning the Property: You can end an easement if you show that the dominating estate has abandoned the property. Further, you can dissolve the easement and remove the tracks, for instance, if abandoned train tracks pass through your property, but the transportation authority still has an easement on your house.
- Condemning the Property: By condemning the appropriate property, the government may be able to terminate an easement.
- Demolition: In some cases, the deconstruction of a building renders an easement unnecessary.
- Ending Necessity: When a necessity (public road access) is no longer required (for example, when a new road becomes accessible to the subject property), you may terminate the easement.
- Expiration: If your easement has an expiration date, all that is necessary to terminate it is to do so.
- Merging the Property: Easements end through a merger when the dominant and servient estates are the same. For instance, if you hold an easement on a lot next to you and buy the lot, the easement will be terminated.
- Release: An easement may be released by the dominant estate at any moment in writing to the servient estate.
- Prescription: The servient estate may be able to have the easement removed if they keep the dominant estate from using it for a long enough period.
Tips for Establishing an Easement
- Listing the Requirements: It might be challenging to obtain permission to utilize someone else's property legally. Outline your request for the landowner's permission, including the size, use, and duration of the portion of their property you wish to use.
- Communicating with the Property Owner: Inquire about establishing an easement with your neighbor or the nearby property owner. You can agree upon appropriate conditions to use the other party's land if they are amenable.
- Drafting a Contract: You can create a contract outlining the terms both property owners have agreed upon with the help of a real estate attorney. Work with your attorney to ensure it complies with all state laws governing property transfers and include any necessary information.
- Getting Contract Notarized: To make the easement agreement legal, have it notarized. It may be less probable that the opposing party will try to break your contract if the signed document is notarized.
- Recording the Easement: If you've created a written easement, contact your local recorder of deeds office to learn how to record it on the property deed.
Key Terms for Easements
- Easement Agreement: A legal arrangement known as an easement agreement permits one party to utilize another party's property in exchange for a price.
- Dominant Estate: The owner of the dominant estate can guarantee that they have access to key resources without infringing on the rights of the servient estate owner by holding onto the rights to a portion of the land.
- Easement in Gross: An easement that benefits a specific individual or entity rather than a specific property.
- Servient Estate: A servient estate is a piece of land that benefits another piece of land and is subject to an easement.
- Affirmative Easement: Grants holder a specific right or privilege, such as the right to access a driveway.
- Beneficial Enjoyment: The purpose of an easement is to allow the dominant owner to benefit from it in a way that incorporates both explicit and implicit advantages.
Final Thoughts on Easements
It's not always appalling to purchase a house with a property easement. Both the property owner and the easement holder may benefit from various easements. They may, however, also cause problems and limit some property rights. You should carefully examine your prospective property to see what easements it may have to safeguard yourself and your investment.
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