Connecticut Easement Law

An easement is a right of use over the property of another and gives the easement holder a non-possessory interest in the land of the property owner. Once he has granted an easement, a landowner may not interfere with the grantee's use of that easement.

Creation of Easements in CT

An easement may be created by deed, contract, or other written agreement. Such are known as express easements. Easements may be created in a number of other ways as well, including:

• By Prescription – Under Connecticut law, an easement by prescription will be found upon a showing by the claimant that his use of the easement has been open, visible, and continuous for a period of fifteen years and made under claim of right. To establish a prescriptive easement, the claimant need not prove that his use of the easement was exclusive. Once established, an easement by prescription runs with the land and benefits all future owners of the dominant estate (the property that benefits from the easement). An easement by prescription may be extinguished if the owner of the servient tenement (the property burdened by the easement) takes, obtains, or regains open and continuous control and possession of the property over which the easement runs for a period of fifteen years.

An owner of property may prevent an easement by prescription by serving the person claiming the easement with a notice challenging the claimant's use of his property. Once the claimant has been served, the notice must be recorded in the real estate records of the county in which the subject property is located.

• By Implication – An easement by implication typically arises when a piece of land is sold and the facts surrounding the sale infer that the parties intended to create an easement which is reasonably necessary for the grantee's use and enjoyment of the property. Where unity of ownership is absent, an easement by implication may be found based on the actions of the adjoining landowners. In such cases, two factors must be examined:1) the intention of the parties, and 2) whether the easement is reasonably necessary to the use and normal enjoyment of the dominant estate.
• By Necessity – An easement by necessity is practically identical to an easement by implication except that an easement by necessity arises only in instances where the dominant estate is landlocked.

Easement and Boundary Disputes

One of the most common easement issues involves encroaching improvements. When one landowner erects a fence, driveway, shed, or other improvements which encroach on a neighbor's property, he may find himself involved in a dispute.

Disputes may also arise when an easement holder uses an easement in a manner inconsistent with its intended use or when a landowner interferences with an easement holder's legitimate use of the easement. Other common easement issues involve disputes over whether an easement has been abandoned and whether the easement is appurtenant (runs with the land) or is an easement in gross (specific to a particular person).

Help from a Real Estate Attorney in Connecticut

The best way to avoid easement disputes is to seek legal advice and assistance before taking action. A real estate attorney can assist you in obtaining a title search and a survey in order to ascertain the boundary lines and other pertinent information about the subject property. If you plan to grant an easement or are seeking to obtain an easement, a real estate attorney can assist you in negotiating the deal and drafting, executing, and recording the required paperwork.