Quick Answer: Can You Be Forced To Give An Easement?

Can you refuse an easement?

As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property.

No one can simply impose an easement on you.

However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.

Can an easement be forced?

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Do you have to grant an easement?

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. While you certainly do not need a lawyer to create or grant an easement to your neighbor, it might be a good idea to retain one.

Who has to maintain an easement?

Property Easement Maintenance

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

Can you put fence on easement?

An easement is the right to use a part of your property, by a third party, for a specific purpose. You can’t build on an easement. Nothing – not even a fence or part of a fence. If you do, you’ll have to take it down and compensate for any damages you might have caused.

What are the three types of easements?

There are three common types of easements.

  • Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  • Easement appurtenant.
  • Prescriptive Easement.

What are easement rights?

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is “best typified in the right of way which one landowner, A, may enjoy over the land of another, B”. Easements of “light and air”

Who owns an easement?

An easement is a property right that gives its holder an interest in land that’s owned by someone else. It’s common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation. Luckily, you’ve come to the right place.

Can a property owner block an easement?

Generally, an easement’s use and access can’t be blocked unless thee is cause for termination. Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property.

Do a land easements transfer to new owners?

An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land itself, and thus is transferred to the new title owner upon sale. For example, Alice may grant Bill and his successors and assigns an easement across her land.

Do easements affect property value?

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

How do you terminate an easement?

  1. Expiration. The simplest way an easement can terminate is if the time period for the easement’s existence expires.
  2. Merger of Title.
  3. Release or Abandonment by the Easement Holder.
  4. Cessation of the Purpose of the Easement.
  5. Destruction of the Servient Tenement.
  6. Prescription.

What happens to an easement when a property is sold?

An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. Example: Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property.

Can a driveway easement be revoked?

Answer. The law does provide a possible way for you to limit use of your driveway to your soon-to-be neighbor and retain the right to revoke or terminate access. However, the agreement will be called a “license,” not an “easement.” Unlike an easement, a license can normally be revoked at any time, for any reason.

What is a driveway easement?

An easement gives one party the right to go onto another party’s property. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the “servient” property.