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An Easy Guide to Easements


Easements are the right to use real property owned by another without possessing it. It is also typically called “running with the land.” It can be related to a general or specific allocation of the property land. Easements are helpful for providing an avenue across two or several more pieces of land. A survey can define the property land lines to prevent any confusion about land ownership.

There are several kinds of easements which are specific to different legal purposes.The four different easements that the common law courts would administer is the right of way, easement of support, easements of “light and air’ and rights pertaining to artificial waterways. The right-of-way is a type of easement that gives an individual the power to travel across the property land owned by another person.

There are several, various reasons why an entity may want or must utilize the real property land of another, so there have been several ways for easements to be created. Easements can be actualized by written agreement or consensus of the parties involved. A deed that conveys property land can create an easement. Easements by necessity is most commonly done by court order and authority. Contributing to the public good may also be a reason why there is a call for an easement by condemnation.

There can be a demand to create a right to property land through an easement by prescription. For example, a property land owner intentionally chooses to create a drive across the property of another and utilizes it to solely enter his property. After a certain number of years, this person may be able to claim an easement by prescription. Usually, the use of property must have been disregarding the consent of its owner, but open to the comprehension of the owner. Due to the fact that the owner did not stop the access, the owner could be forced to allow the easement of prescription.

An easement can surely benefit an individual’s property. If someone owns land that borders a popular area for hiking, and another lives next door, but this person’s land does not touch the hiking area. To avoid the illegal activity of trespassing, they must access the hiking venue by walking or driving to a public entry point. An easement can be granted so that the house that borders the hiking area is able to be crossed.

It becomes part of the deed and agreement for both property land. An easement can also help an individual or a business. The owner of the home bordering the hiking trail can grant another easement to another individual, but without the trouble of adding it to her deed. This type of easement commonly expires at a noted time or event.

Easements can also affect property land values. It is not a good idea to assume that because an easement is not being utilized that it will never be in the future. As long as an easement is a fixture of the deed, there is always that chance that the individual who benefits from it will decide to enforce it.

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