Question: What Does It Mean If You Have An Easement On Your Property?

An easement is a property interest that gives someone the legal right to use or own parts of the property owner’s land.

The person does not legally own or possess the land, but has the right to use it through an agreement with the owner.

What is an easement on 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.

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.

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.

Are easements recorded on deeds?

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.

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.

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.

Can you build a fence on an 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.

Is an easement permanent?

Despite this, an individual granting an easement should avoid any potential legal or interpretive problem by expressly providing that the easement is permanent. Although permanent easements are the norm, they can be terminated in a number of ways.

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.

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.

Who is responsible 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.

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 is the difference between an easement and a right of way?

A right of way is an easement that allows another person to travel or pass through your land. The most common form of public right of way is a road or path through your land in order to access a public area. A private right of way is to allow a neighbor to cut through your property to make his access easier.

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 an unregistered easement?

The majority of unregistered easements were granted prior to the land being developed (e.g. land subdivision), and as such refer to original Lot and Concession as numbers rather than being described as a part on a reference plan. An e-mail address for electronic confirmation. A valid credit card.

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 long does an easement last?

Prescriptive Easements.

The individual actually uses the property. The use is continuous for the statutory period – typically between 5 and 30 years. The use is adverse to the true owner, i.e. without the owner’s permission.

Do you get paid for an easement?

Easements provide a legal mechanism to use land for a specific purpose without having to buy the property. While the current owners receive compensation, in most cases future owners of the easement will not receive payment.