The following rights are recognized as easements, even if there are no official documents or agreements:
- Aviation Easement – the right to use the airspace over a property, flying above a certain altitude, where needed for spraying of property or other agricultural purposes.
- Storm Drain Easement – the right to install a storm drain to carry rainwater to a river, wetland, or other body of water.
What are the different types of easements?
What are the three 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 An example of an easement appurtenant would be an easement allowing you to drive over your neighbor’s property to in order to reach your property. ...
- Prescriptive Easement
What is the difference between an easement and a right-of-way?
Difference Between Easement and Right of Way (With Table)
- Easement vs Right of Way. The main difference between Easement and Right of Way is that easement is a broader concept that covers more parts and areas of the private ...
- Comparison Table Between Easement and Right of Way. Use parts of someone else’s property for the passageway. ...
- Main Differences Between Easement and Right of Way. ...
What is meant by 'easement'?
An easement is a legal right to occupy or use another person’s land for specific purposes. The use of the land is limited, and the original owner retains legal title of the land. A legally binding easement must be made in writing, the exact location stipulated in the property’s deed.
What on Earth is an easement?
The simplest easement definition is that an easement gives a person or entity the right to access real property that’s owned by someone else for a limited and specific purpose. Easements can affect property owners in a couple of different ways. If there’s an easement held on your property by an individual or entity, that party has the right ...
What are the most common easements?
A common example of an easement is when one person is given the right to cross or access a road across another person's property. Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property.
What is an easement in simple terms?
An easement is the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land.
What is an example of an easement in gross?
An easement in gross can be sold to either an individual (personal) or to a company (commercial). For example, if your family owns land that abuts a highway and a local dairy farm wants to access that highway by cutting through your land, your family may sell a commercial easement in gross to the dairy.
What is another term for an easement in real estate?
The legal right to use another person's property (also known as a right of way) for a certain purpose refers to an easement.
What are the different types of easement?
So there are essentially 4 types of easement under Indian Easement Act, 1882 , the Continuous and discontinuous , apparent and non – apparent easement.
What is right of easement?
4 "Easement" defined. - An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
What are the three types of easements?
There are basically three kinds of non-express easements created by operation of law. The first is “prescriptive easements", the second is “implied easements” and the third is “easements by estoppel”.
What is an easement in gross on a property?
Related Content. An easement that arises when only one parcel of land is affected and is subservient to an easement without a dominant parcel of land benefiting from the easement.
Do easements run with the land?
Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property.
Who can impose easement?
Owner: An individual owner of land can create easement for any estate or interest. The owner of servient tenement can impose easement, by his unilateral act, on his property. 2.
Which would terminate an easement?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Who is responsible for easement maintenance?
The short answer is – the owner of the easement is responsible for maintaining the easement.
What is another term for easement?
What is another word for easement?accesspassagelegal rightmeans of access
What are the three types of easements?
There are basically three kinds of non-express easements created by operation of law. The first is “prescriptive easements", the second is “implied easements” and the third is “easements by estoppel”.
What are the 4 types of easements?
There are four common types of easements. They include easement by necessity, easement by prescription, easement by condemnation, and party easement.
What the difference between right of way and easement?
A private right of way is an easement, which is the right to use part of another's property in a particular way even though they do not own it. There are four main categories of easements (or rights), over an adjoining parcel of land.
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.
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.
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.
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 the dominant estate in an easement?
In easement agreements, parties are referred to as either the dominant estate, which is the one benefitting from the easement, or the servient estate, which is the one who must give up a portion of their land to comply with the easement terms. Easements may be placed on a piece of property to access another piece of property or to allow utility ...
What is the most common type of easement?
2. Utility easement. Another extremely common type of easement is a utility easement. This agreement essentially states that utility companies can come onto your property to access or change any infrastructure that sits on it — think water pipes, telecom cabling, electrical grid infrastructure, etc.
What is an easement in real estate?
An easement is a legal instrument that grants property access to people or organizations who otherwise hold no ownership interest in your home. That may include your neighbors, utility companies or government agencies, among other third parties. The most common example of an easement involves homes that don’t directly connect with public roads. If the only way for your neighbor to get to and from his home is by using a private road on your property or even your own driveway, then he may request an easement giving him access to your land.
What is an easement for a new home?
An easement gives another party — it could be a person, organization, business or government agency — permission to use or access your land for a specific purpose. Different types of easements vary in their scope and function, so take the time to understand what they’ll mean for you as a new homeowner.
What is an easement in gross?
Typically, an easement in gross will come into play when a utility company wants to run power lines through private property or, less commonly, when a business wants to put up a billboard on your land. Unlike an easement appurtenant, an easement in gross doesn’t run with the land.
What is a prescriptive easement?
What is a prescriptive easement? This type of easement comes into effect when one party has used the other’s property for a particular purpose over an extended period of time — with or without permission. You may think you’re just being a nice guy by not saying anything when your neighbor marches through your yard to get to an adjoining forest preserve, beach or public road. If given enough time, though, an easement by prescription could give them the legal right to continue moving across your property.
What happens if the government laid down a new roadway that connected with your neighbor's property?
So, if the government laid down a new roadway that connected with your neighbor’s property, he would no longer be able to use your property for that purpose. It doesn’t matter if the new route is inconvenient — once it’s available for use, the easement by necessity is void. 4. Easement appurtenant.
What is a dominant estate?
Dominant estate: the non-owner who gains access to the land. Servient estate: the property owner who must allow access to the land. It’s important to note that easements like the one described above are created for specific purposes — in this case traveling from one’s home to public roadways.
What is an easement in a land lease?
An easement is basically a nonpossessory right one party has to the use of land which belongs to another party, for special purposes that is in line with the general use of land. while the original owner retains ownership of legal title for the land.
How do easements come into being?
It goes without saying that land owners can grant specific easements via written documentation to corporations or governments intending to conduct some works on the land. This is understandable as a legally binding easements has to be granted in writing.
What is an easement in gross?
3) Easement in gross. This is like an easement appurtenant except that there is no dominant estate. It benefits an invididual or an entity instead of a land parcel. Easements for gas lines, telephone lines, power lines, etc, are all easements in gross. They belong to the corporations instead to a parcel of land.
What is the front lot of an easement called?
Because of this structure and arrangement, the front lot is called the servient estate as it serve the back. While the back lot is called the dominant estate, dominant tenement, or dominant hereditament.
What is an easement appurtenant?
1) Easement appurtenant. This is a very specific easement that refers to the driveway from a road to the back lot. These types of driveways are automatically part of the deal whenever the back lot is sold. The easement is legally connected with the back lot. And therefore implied.
Why are easements cancelled?
Termination of easements can be due to other reasons including by necessity, expiration, abandonment, merger, express agreement, discontinued use, etc.
When can an easement be terminated?
This easement can be terminated when it’s necessity no longer exist. For example, when a new road is built at the back granting access from the back.
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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What is an Easement Agreement?
An easement agreement is a legal contract that allows one party to use the property of another party for a fee. Easement agreements are often used by public utilities companies. For example, a public utility company may sign an easement agreement for a land owner to construction a telephone tower.
Common Sections in Easement Agreements
Below is a list of common sections included in Easement Agreements. These sections are linked to the below sample agreement for you to explore.
Easement Agreement Sample
This Mutual Easement Agreement (this “ Easement Agreement ”) is made as of the 31 st day of March, 2009, among SemCrude, L.P. (“ SemCrude ”), and SemGroup Energy Partners, L.L.C. (“ SGLLC ”), and SemGroup Crude Storage, L.L.C. (“ Storage ” and together with SGLLC, “ SGLP ”).
Who Helps With Easement Agreements?
Lawyers with backgrounds working on easement agreements work with clients to help. Do you need help with an easement agreement?
Meet some of our Easement Agreement Lawyers
Founder and Managing partner of Emerald Law, PLLC, a business law firm specializing in contract drafting and corporate transactions. Kiel worked as in house counsel for a variety of companies before launching his own firm, and most recently served as the Chief Legal Officer for an international private equity firm.
What is an easement in real estate?
An easement is a nonpossessory right to use or enter a piece of property for a specific purpose.
What is property easement?
A property easement is a nonpossessory right to use or enter a piece of property for a specific purpose. It does not give anyone the right to use your property for any other purpose than is explicitly stated.
Who is responsible for maintaining an easement?
The owner of the easement is responsible for it. The landowner is responsible for maintaining the land, and that is all. If the easement holder’s property is damaged by no fault of another, or if they cause damage to the property they are accessing, it is their responsibility to cover the associated costs.
How do you value an easement?
The value of an easement is determined by how much the landowner has lost from the rights granted. In other words, the impact it has on the burdened property.
How are easements created and dissolved?
Easements are created either by a transfer of a deed or another document, such as a contract or will. How they dissolve can be somewhat confusing. Some may go on forever or until the necessity they were created ceases to exist. Easements may also last until completion of the task. Others may only be granted for a set period, and when the time limit is met, the easement will dissolve.
Can utility companies access your land?
A utility company may need to access your land to install or maintain telephone poles and power lines. They can attain an easement that grants them the right to do so. Additionally, neighboring landowners may acquire an easement to use a road on your driveway if it is their only access to a public road.
Is it bad to have an easement on your property?
It is not always bad to have an easement on your property. They may impact property value in some instances, but this can only be the case if a significant portion of your land is affected by an easement or if it has strict guidelines, the landowner must follow. This is rarely the case, but if power lines, sewer lines, or roadways pass through the property, you must be aware of the guidelines.
