Minnesota Easement Law

An easement gives a party the right to use the property of another for a specific purpose.  An easement gives the easement holder a non-possessory interest in the landowner's property.

Easements in Minnesota

Easements are divided into two categories based upon the benefit they bestow.

• Easements Appurtenant -  Easements appurtenant benefit the adjoining property and run with the land.  This means that an easement appurtenant passes with each subsequent conveyance of the land.  The primary characteristic of an easement appurtenant is the existence of a dominant tenement and a servient tenement.  The property which benefits from the easement is known as the dominant tenement; the property which is burdened by the easement is referred to as the servient tenement.
• Easements in Gross – An easement in gross is granted for the benefit of a particular person or company.  Easements in gross cannot be sold, assigned, or inherited unless the parties to the transaction specifically state otherwise.

Creating Easements in MN

Express Easements – Express easements are created by deed, contract, or other written agreement.  A well-drafted express easement will identify the location and dimensions of the easement and will set forth the permissible use of the easement.

Easements By Prescription – To establish an easement by prescription, a claimant must show that his use of the easement was hostile or adverse, actual, open, exclusive, and continuous for a period of fifteen years or more.  If the use is with the permission of the true owner, an easement by prescription will not be found.

Easements By Necessity – Easements by necessity are a type of implied easement.  To establish an easement by necessity, a claimant must prove four elements:

1. A common title to the parcels at issue at the time of the use of the easement;
2. That the common title was severed;
3. That the use which gave rise to the easement has continued for so long and has been so apparent as to demonstrate that it was intended to be permanent; and
4. That the easement is necessary to the beneficial enjoyment of the property which has been granted.

Easements By Implication – An easement by implication requires proof of the following three elements:

1. A separation of title;
2. That the use which gave rise to the easement has continued for so long and has been so apparent as to demonstrate that it was intended to be permanent; and
3. That that easement is necessary to the beneficial enjoyment of the property which has been granted.

The necessity requirement is determined as of the date of the severance of the unity title.

Easement Boundary Disputes and Conflicts

Easement issues may arise when property improvements encroach on adjoining land. Easement issues may also revolve around disputes over the size and location of the easement.  Other easement disputes involve allegations of:

• Abandonment;
• Misuse; and
• Interference.

Help from a Real Estate Attorney in Minnesota

A real estate attorney may negotiate and draft easement contracts and deeds.  Additionally, a real estate attorney may represent clients involved in easement litigation in a range of matters from settlement negotiations, to the drafting of pleadings and discovery, to representation at trial.