Delaware Easement Law

An easement gives the easement holder a right of use over the land of another.  Once an easement has been granted, the grantor may not interfere with the grantee's use of the easement.  Additionally, the easement holder generally may not expand his use of the easement beyond the original purpose for which it was granted.

Although there are several types of easements, all easements fall within one of two categories:

2. Easements in Gross – An easement in gross is conveyed for the benefit of a specific individual or business entity and cannot be sold, assigned, or inherited.
3. Easements Appurtenant – An easement appurtenant is created for the benefit of adjoining property.  An easement appurtenant is characterized by the existence of a dominant estate and a servient estate.  The dominant estate is the property which benefits from the easement; the servient estate is the property which is burdened by the easement.  Easements appurtenant run with the land which means that they are not extinguished upon the sale, assignment, or inheritance of the dominant estate.

Types of Easements in DE

Under Delaware law, an easement may be created in a number of ways.

• Express Easements - The most straightforward type of easement is the express easement which is created by a written agreement between the parties.  That agreement may be in the form of a deed or a contract and typically describes the location and dimensions of the property over which the easement is being granted and the scope of the interest being conveyed.
• Easements by Prescription – An easement by prescription may be established by showing an open, notorious, exclusive, and adverse use of the easement for a period of twenty years.
• Easement by Necessity – Delaware courts will find an easement by necessity where a claimant can show that there was unity of title between the dominant tenement and the servient tenement followed by a severance into separate parcels and that the severance left the dominant tenement landlocked, thus giving rise to the necessity of an easement.  Easements by necessity are sometimes referred to as implied easements.

Easement Problems and Disputes

Easement issues arise for a variety of reasons.  Some of the most common easement problems involve:

• Encroachments;
• Misuse;
• Interference with Use; and
• Abandonment.

Help from a Real Estate Attorney in Delaware

If you have questions about easements or are involved in an easement dispute, you should contact a qualified real estate attorney.  A real estate attorney can explain how Delaware easement law impacts your situation and will help you understand your rights.