Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary.
An easement by prescription occurs when your use of the property of another is adverse, open, and notorious and continuous and uninterrupted for the statutory period of time.
What is an easement by necessity?
An easement by necessity is an easement implied by law under certain circumstances. An easement by necessity may be implied by law where an owner of land splits his property so that one of the resulting parcels is landlocked except for access across the other parcel.
What is an easement in gross?
An easement in gross is an easement that attaches a particular right to an individual or entity rather than to the property itself.
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.
Does an easement convey ownership?
An easement is a legal tool that gives someone else the right to use part of your land. Generally speaking, an easement does not give a party full ownership of that part of the property and instead, will include restrictions on how the party can use the land.
Can you deny 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 is an example of an easement appurtenant?
This type of easement exists between two parties known as the servient tenement (the property that gives the easement) and the dominant tenement (the property that benefits from the easement). An example of easement appurtenant is the private and public access to the street for a landlocked property.