Question: What Are Easements In Real Estate?

An easement is a legal right to use another’s land for a specific limited purpose.

In other words, when someone is granted an easement, he is granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.

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 the rules of an easement?

An easement is a “nonpossessory” property interest that allows the holder of the easement to use property that he or she does not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land, unless they interfere with the easement holder’s use.

Do you have to give someone 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.

Is an easement real property?

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 is responsible for maintaining an easement?

Maintenance of the property is the responsibility of the landowner. If the holder of the easement or right-of-way causes any damage, they must restore the property to the original condition or pay damages. Structures owned by the holder of the easement are not the responsibility of the landowner.

Can I put a fence on an easement?

If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. Legally, this is a type of property easement that is earned by regular use of the property.

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 you be forced to give an easement?

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.

How do I find out what easements are on my property?

A property easement is generally written in the property deed and recorded with the county clerk. Obtain a copy of the deed by searching public records. Other ways to find information about private property easements include working with a title insurer and contacting utility companies directly.

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.

What does it mean when there is an easement on your property?

An easement is a legal right to use another’s land for a specific limited purpose. In other words, when someone is granted an easement, he is granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.

Can you build anything on an easement?

An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. Typically this could be a access way or an easement for drainage. Generally not, as you can build under or over it if the work will not have a material interference with the easement.

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.

How do I get rid of an easement on my property?

Terminating easements by express release or agreement

The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

How does a property easement work?

This easement grants other designated people the right to specific types of access. Easements can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas utility. A property easement is generally written and recorded with the local assessor’s office.