An easement is a non-possessory interest in and right to use the land of another. Generally, easements are granted for very specific and limited purposes. Examples of easements include:
Easements are either appurtenant or in gross. An easement appurtenant benefits adjoining property and runs with the land. This means that the easement continues to exist regardless of who owns the land which benefits from the easement.
An easement in gross typically benefits a specific person and terminates upon that person's death. Easements in gross cannot be sold, assigned or inherited unless specifically set forth in the easement agreement.
Easements are either express or implied. An express easement is created by deed, contract, or other written instrument which specifies the location and dimensions of the easement as well as the permitted use or uses of the easement and who may use it.
Easements may also be implied from the actions of the parties and the circumstances surrounding the transaction. There are several kinds of implied easements:
Easements By Implication – Under Nevada law, an implied easement, also known as an easement by implication, will be found if two elements are proven:
By Necessity – An easement by necessity will be found to exist if
there was common ownership between the dominant estate (the land that
benefits from the easement) and the servient estate (the land that is
burdened by the easement) and the necessity for the easement existed at
the time of severance of the common ownership.
Easements By Prescription – An easement by prescription may be proven by showing five years of continuing, adverse, open, and peaceable use of the land over which the easement is claimed.
Easement issues frequently arise because of poorly drafted easement agreements. If an easement agreement is vague, ambiguous, or unclear, the parties often find themselves at odds over their rights and obligations. Such disputes typically involve allegations of misuse or interference.
Other easement disputes may involve:
If you are involved in an easement dispute or are unsure of your rights and obligations under an easement agreement, you should contact an experienced real estate attorney. A real estate attorney will review the facts of your situation, along with all relevant documents, and advise you as to your legal options.