What are easements and what do they do?
What Are The Different Types Of Easements?
- Utility Easements. A utility easement is created by state or local law, and it gives utility employees the right to access infrastructure located on private properties.
- Private Easements. Private easements are property rights that can be created and sold or given by the property owner to another party.
- Easements By Necessity. ...
- Prescriptive Easements. ...
Who must maintain a property easement?
Who Is Responsible to Maintain an Easement?
- Property Easement Maintenance. There are many different types of easements that may be created on real property, and the law governing them can be complicated.
- Easement Owner Rights. A landowner having an easement on her land is also known as the easement owner. ...
- Use of Easements. ...
- Terminating an Easement. ...
Whose responsibility is it to maintain an easement?
The short answer is – the owner of the easement is responsible for maintaining the easement. In other words, if you have an easement that allows you to use a portion of another person’s or company’s land, then it is your responsibility to maintain the easement – it is not the responsibility of the servient tenement (the person whose land is burdened by the easement).
Is an easement personal property?
The easement is personal to the owner of the appurtenant property etc. Zillow group of the personal easement property on each entry would you have rights given free. Do not assume that hence are entitled to any compensation as a result of the complaints you have.
Who is responsible for maintaining an easement in Florida?
the owner of the easementWho is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 [2014]). The parties to an express easement may alter their responsibilities by agreement.
What is an easement in Texas?
An easement is a means by which a landowner grants another person the right to use the landowner's property for a specific purpose. The land on which the easement is granted is referred to as the “servient estate”, and the land the easement benefits is referred to as the “dominant estate”.
What is a utility easement Florida?
Utility Easements and Homeowners Every utility company, such as Florida Power & Light, are given legal easements on the land over or under which their lines run. They are only allowed to use the property to gain access to their equipment, such as powerlines or electrical poles or towers.
How long does an easement last in Texas?
10 yearsThe easement use must be uninterrupted and continuous for a period of at least 10 years.
Who is the dominant owner of an easement?
The dominant land is the land owned by the owner of the right – the farmhouse in our above example. The easement is described as “appurtenant” to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
Can you build a fence on an easement Florida?
Yes, you can build on a property easement, even a utility easement.
How do I remove an easement from my property?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Who owns right of way property?
A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property's owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.
Can you build a fence on an easement in Texas?
Yes, you can build on a property easement, even a utility easement.
How wide is a utility easement in Texas?
Historically, the easement has been considered to be thirty feet across (fifteen feet on each side of the power line). In 2014, SWEPCO tried to have landowners agree to have the easement officially set to be 100' across.
Can I access my Neighbours land to maintain my property?
Accessing your neighbour's land – the law Entering your neighbour's property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.
How do I terminate an easement in Texas?
How to Get Rid of Real Estate EasementsQuiet the Title.Allow the Purpose for the Easement to Expire.Abandon the Easement.Stop Using a Prescriptive Easement.Destroy the Reason for the Easement.Merge the Dominant and Servient Properties.Execute a Release Agreement.
Types of easements
Easements come in many forms. Here are some of the most common you may encounter:
Right of way easement
This is where a neighbor may need to pass through the property via a driveway to access the main road. Or, say Property A and Property B share a driveway. “It’s primarily located on Property A’s land, but it splits and also goes off to Property B’s land.
Utility maintenance easement
This easement is typically granted to utility companies to run power and cable lines on a property.
HOA or condominium easement
If you live in a condo or home managed by a homeowners association, odds are these institutions own much of the property—or at least the public areas—while residents have rights to pass through.
How is an easement created and dissolved?
Easements are created when property owners are approached for permission to use their land. If an agreement is reached, it will be set in stone with a legal document such as a deed. While the homeowner who originally grants the easement may be compensated, subsequent homeowners typically are not, although the length of an easement may vary.
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How is a Public Easement Different from a Private Easement?
There is a difference between a private easement and a public easement. The difference is simply who benefits from the easement.
What is the difference between private and public easements?
The difference between private easements and public easements is simply who benefits . Private easements grant specific persons the right to use another person’s land for a particular person. Public easements grant this right to the general public. An example of a public easement is the right to use public streets and highways.
What is Eminent Domain?
In general, state and federal governments have delegated their eminent domain powers to local municipalities and governments.
What is a Public Purpose for Eminent Domain Matters?
In order for the government to take property using the powers of eminent domain, it must show that taking the property would be used for a public purpose. In general, the government is provided with a lot of leeway on what exactly constitutes a public purpose.
What is Just Compensation in Eminent Domain Matters?
Just compensation means that the government is required to pay the individual for the land which they take and use for a public purpose.
How Are Public Easements and Eminent Domain Related?
In certain cases, the government will require an individual to open up a part of their land for use by the public. An example of this would be requiring the owner of a beachfront property lot to permit members of the public to access the beach through the owner’s lot.
What are some examples of public easements?
An example of a public easement is the right to use public streets and highways. Public easements are usually expressly granted, but several states, such as California and New Mexico, recognize public easements through implied grants or by prescription.
What is an easement on a property?
An easement gives a person or organization a legal right to use someone else’s land—but only for a needed purpose . A utility company may have an easement on your property to access an electrical pole. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor’s property to get to your garage.
What is property rights easement?
The property rights an easement allows depends on the rules of your specific easement. There are many types, but these are some of the features that help define them: Appurtenant versus gross easements: An appurtenant easement allows a property owner access to land that’s only accessible through a neighbor’s land.
What is a prescriptive easement?
Prescriptive easement: Prescriptive describes the way in which an easement comes into being. This is when someone is using a property owner’s land regularly for a certain period of time (set by state law) without being restricted by the owner. This is commonly known as “squatter’s rights.”. 3.
How to know if a property has an easement?
Legally, sellers must disclose easements on their property during the sale, so you should know if an easement exists by the time you have a purchase agreement, if not sooner. But if you’re buying a bank-owned home being sold as-is, you should do some extra research yourself. Your real estate agent can help you decide if there’s reason to suspect a property might have an easement on it, but contact the city to find out for sure. Find out exactly where and what type of easements they are. Some easements, for example, remain after you buy the house, but others don’t.
Can an appurtenant have a private easement?
Public versus private: Both appurtenant and gross easements can grant access to public or private entities or properties. A private easement might allow a neighbor to access your property, and a public one might allow any member of the public to walk through your yard.
Can you challenge an easement?
They can. But you would need to go to court to challenge an easement, so it’s not easy to do in the middle of home buying. If the easement holder agrees to terminate, it could be a smoother process. And in some cases, easements have an expiration date (this would be stated in your deed), so that could be good news.
Is an easement good or bad?
Found out the home you’re planning to buy has an easement on the property? That could be a good thing, a bad thing, or an entirely neutral thing. Here’s what easements are, and how they affect your property rights.
How Do I Know If My Property Has an Easement?
However, the best way to know whether or not your property has an easement is to contact the County land records office or County Clerk’s office.
Where to file an easement?
Once you have a fully executed easement, you should then file the easement in your local county’s land records office.
Do I Have to Give an Easement?
As mentioned above, an easement by necessity is an easement that is created by law to allow a person to have a right of access to their property. If your land is subject to an easement by necessity you cannot interfere with your neighbor’s use of the easement to access their home. In addition, some utility companies or cities are granted easements and recorded in the plat records long before homes are built on the land.
How to Determine Amount of Compensation for Easement?
Once again, there are some easements in which you cannot seek compensation for, as they are easements that the law allows for without any compensation necessary. However, the amount of compensation for private easements are often negotiated in real estate contracts. When negotiating an easement it is important to do the following:
What is an easement by prescription?
It is an implied easement gained under adverse possession. Meaning, someone other than the property’s original owner gains use or ownership rights to that property.
What can an attorney do for easements?
An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property.
What is the legal right to use another person's property?
The legal term “easement” refers to the legal right to use another person’s real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory ...
What is public easement?
Public easements: Public easements allow the residents of an area to use a limited section of a person’s property such as right-of-way access to main roads or a public beach that would be otherwise inaccessible. Property or homeowners may not obstruct the public’s fair access to non-privately-owned areas under the terms of a public easement.
What is an easement?
An easement is a nonpossessory property right that allows one entity to use another person’s property for a specific use. Once an easement is granted, it becomes the legal right of the easement holder to have access to the property for a specific purpose and period of time as defined by state law. In easement agreements, parties are referred ...
Why is it important to understand easements?
Understanding easements is crucial when you might need to use another person’s property for a specific purpose. Robert Reffkin, the founder and CEO of Compass, helps you get closer to finding your dream home by simplifying and demystifying real estate.
What is adverse possession?
These easements are often referred to as adverse possession, and often happen when one person begins using another person’s property frequently for a particular purpose without permission. If the property owner doesn’t object to the person’s use of their property, they are providing consent to that use.
Why do utilities put easements on property?
Easements may be placed on a piece of property to access another piece of property or to allow utility companies the ability to work on a property.
What is an easement by necessity?
Easements by necessity: Easements by necessity are granted in situations like private land blocking the only access to a public road or area. These easements are granted out of necessity rather than prior use and are often provided through a court order.
How does easement affect property value?
If easements are exceptionally strict or severely limit the use of the land by the owner , a property may become less desirable and therefore drop in value.
What Is an Easement?
An easement is a legal ability to use someone else's land for a certain purpose.
What is an easement in a land title?
It can also be implied as necessary without any written action. When registered and recorded, the easement becomes an encumbrance, or a claim, on the land's title.
What Are the Effects of Easements?
The landowner who grants an easement can't build structures within a prescribed area surrounding it, and they also can't use fencing to hinder access. Any activity that blocks the use of the easement is prohibited. 2
What is the difference between an easement and a right of way?
Easements vs. Right-of-Way. An easement is the right to use another person's land for a stated purpose. It can involve a broad part of the property or only a certain portion. A right-of-way is a type of easement that allows someone to travel through another person's land to get somewhere else.
How wide is an electric easement?
Utility easements vary in size depending on the specific utilities running through the easement. A basic electric underground easement may only be 10 feet wide, while a sewer easement could be as much as 30 feet wide. 7 Check with your local utility provider for more information.
What are the two types of easements?
There are two types of easements: the easement in gross and the easement appurtenant. Easements in gross are given to people or companies for a specific purpose. If property ownership is transferred through sale or other legal methods, a new easement agreement must be made.
What is an easement appurtenant?
Easements appurtenant are attached to the land, not the person. Rights-of-way are typical of this type. This is because they are passed on with the property.
What are public easements?
(1) Public easements for transportation purposes which are reasonably necessary to guarantee the public's ability to reach publicly owned lands or major waterways may be reserved across lands conveyed to Native corporations. Such purposes may also include transportation to and from communities, airports, docks, marine coastline, groups of private holdings sufficient in number to constitute a public use, and government reservations or installations. Public easements may also be reserved for railroads. If public easements are to be reserved, they shall:
What is miscellaneous easement?
Miscellaneous easements may be reserved for the following purposes: (1) Public easements which are for utility purposes (e.g., water, electricity, communications, oil, gas, ...
How long can you camp on a site easement?
Temporary camping, loading, or unloading shall be limited to 24 hours. Site easements shall not be reserved for recreational use such as fishing, unlimited camping, or other purposes not associated with use of the public easement for transportation.
Can a public easement be reserved?
However, a public easement may be reserved absent a demonstration of present existing use only if it is necessary to guarantee international treaty obligations, if there is no reasonable alternative route or site available, or if the public easement is for access to an isolated tract or area of publicly owned land.
3 attorney answers
I agree with the previous answers and you could look up the deed and easements with respect to the property to find out who really owns and who has easement rights in the area in question. People will frequently claim more than they have a right to on both sides. Good Luck
Thomas Henry Oldfield
If the easement is for the benefit of the county and is limited to utilities and road improvements, you and your kids do not have the right to use it.
