I live in Idaho. How do I know what type of easement I should seek?

In Idaho, seeking Idaho easements for the use of land requires specifying your reasoning for seeking the easement. There are four basic categories or types of easements, which typically describe most scenarios, and your job is to choose the one that is most closely related to your situation in order to file.  Here are the four easements that you can choose from. 

Express Grant Easements

This is the most expedient and simplest way to get an easement in legal terms. These are simply contracts created, with the terms laid out and both parties in agreement.

Prescription Easements

In this case, you would have to prove that you had a “right” to the land by satisfying five specific requirements:

• Your use of the land in question is open/ public
• You have used it continuously for an uninterrupted time span
• You have some reasonable claim or need for the land
• The owner of the land either knows, or “has to know” by implication, that you are using it
• You have used the land for at least 5 years.

Necessity Easements

Does the easement satisfy a major requirement for you? If the requirement existed at the time the two properties were originally divided, you may get a necessity easement.

Implication/ Prior Use Easements

In this situation you must prove:

• Your title to the land and when/ how it was separated from the other property
• That the land was used long enough before the separation that it seems reasonable to think the two properties weren’t meant to be divided
• That without the easement, the property will not be useful or enjoyable.

To know which of these easements is right for you, simply consider which easement best suits your particular purposes. Better yet, talk to a lawyer who can give you expert advice on which easement is best for you.