Wyoming Easement Law

An easement is a right to use the land of another for a designated purpose.  Easements are generally divided into two categories based on the benefit bestowed.

Easements Appurtenant – An easement appurtenant benefits adjoining land.  The essence of an easement appurtenant is the existence of a dominant estate, which benefits from and enjoys the privileges of the easement, and a servient estate, which bears the burden of the easement. Easements appurtenant run with the land, continuing to exist even after ownership of the dominant estate changes.

Easements In Gross – An easement in gross benefits a specific individual.  Because easements in gross are personal rights, they cannot be sold or inherited.

Creation of Easements in WY

Under Wisconsin law, easements may be established by express grant or reservation, by implication, or by prescription.

Express Easements – An express easement is created by written instrument which grants or reserves the right to use the property granted or retained in a specific manner.  A well-written express easement should set forth the rights and obligations of the grantor and the grantee and identify the location, dimensions, and designated use of the easement.

Easements By Implication – The creation of an easement by implication is an attempt to infer the intention of the parties based on the circumstances surrounding the transaction.  To establish an easement by implication, a claimant must prove the following three elements:

• Common ownership followed by a conveyance which severed unity of title;
• Before unity of title was severed, the common owner used part of the land to benefit another part of the land and that use was apparent, obvious, and continuous; and
• The claimed easement is necessary and beneficial to the enjoyment of the parcel previously benefited.

Easements By Prescription – An easement by prescription may be established by proving:

• Adverse use;
• Claim of right or claim of right under color of title;
• That the claimant's use put the owner of the servient estate on notice of the claim; and
• That the adverse use has been continuous and uninterrupted for a period of ten years.
  

Easement Issues and Disputes

Easement issues frequently arise in relation to boundary line disputes.  Easement issues may also involve questions or allegations of:

• Merger;
• Misuse;
• Abandonment;
• Interference; and
• Trespass.

Help from a Real Estate Attorney in Wyoming

Because of the complexity of property easement law, anyone involved in an easement dispute should hire an experienced real estate attorney.  A real estate attorney will review and interpret the deeds, surveys, title searches, and other relevant documents and will formulate a litigation strategy.