Property easement law, also known as right of way laws, describes the rights to use some part of a property for a specific purpose, types of easements, and easements vs. right of way. A survey will define the property lines to hopefully prevent any questions of land ownership or the need to file for prescriptive easements.
An express easement may be contained in the deed to the property or in another document. Some examples include:
An implied easement or prescriptive easement may arise when a use of property continues for a certain period of time. For example, if a neighbor has been crossing the corner of a property for years, the neighbor may have acquired a prescriptive easement to continue to cross the property in the same manner.
The property right of way laws allow someone the right to travel across property owned by another person.
For information on creating an easement, please see this article on Easement Agreements
Easements are something that buyers need to be aware of when purchasing property. The easement agreements are generally recorded so the buyer should carefully review the public records to make sure there are no restrictions on the use of the property that would affect their intended use. This is especially important if you are going to do remodeling or add room additions to residential property.
An Easement is given by one party to another to use the land or prevent the use of the land to others that do not belong to holder of the easement. The property that is burdened by the easement is called the servient estate, and the property that is benefited by the easement is called the dominant estate. If the easement is a benefit to the land, then it is referred to as appurtenant to the land and runs with the land. When the easement benefits someone in a personal way, it is referred to as easement in gross. An easement given by the owner to a utility company is an example of an easement in gross.
Easements that are for the benefit of the land known as appurtenant are generally conveyed through a deed and run with the land. Easements in gross, which are for the benefit of another to use the land, are not generally conveyed by deed, but could be if the owner so desires. Easements in gross are generally given by the owner to the holder via an agreement that is recorded in the county records.
The easement can be granted for an indefinite period of time or for a limited period of time depending on the type of easement and its use. Easement laws vary from state to state so you should check your state laws.
Cmmon Examples:
Easements and rights and restrictions are complicated. If you need help in understanding the laws of easement, please consult with a Real Estate Attorney.
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