What types of easements do Indiana easement laws recognize?

Question

What types of easements do Indiana easement laws recognize?

Answer

There are many reasons why someone may want to use someone else’s land for another purpose and Indiana easement laws are a fine example of this. This has been going on for centuries and this is how civilization has prospered cooperation and understanding. The person who owns the easement has a non-possessory interest in the real estate of the owner and forbids the owner of the property from undermining his right to carry out his prescribed duties according to that easement.   

Indian does not just have one type of easement. There are four of them that are recognized: easement by implication, prescription, necessity, and there are some in the express category.

The easements that are of the express type are shown consideration in the eyes of the law. They are composed of the deed, some sort of contract or any type of written document. This easement should be detailed in nature and pinpoint the aspects of the easement, the structure and the point of this easement. If there is any part of the easement that is incomprehensible or a point of conflict or concern, the courts will become involved to ascertain the point of contention. The courts will make it clearer for both parties to understand and be able to decipher and know exactly what the easement allows and does not allow.

The easement of implication is broken down into two points--an implied easement of necessity and by prior use. By this point, you should probably have hired a lawyer to be able to explain to you the merits and fundamentals of easement laws and their nature. After all, this is not something you want to guess on. 

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