An easement attorney should be well-schooled and experienced in the various easement laws in the State where they operate, and because these laws can be quite different from State to State and even from one county to another, hiring someone who knows the local layout, as far as easement laws, is pretty important. Those who run into various easement issues are sometimes surprised by the commonality and the wide spectrum of easement cases.
An easement is a somewhat unique situation, but may be more common than many property owners realize. This is when someone besides the owner of a piece of land or property has some right over some portion of that property, either to use the land for a particular purpose, run the land, even live on a piece of the land. The specific details of various easements vary quite a bit and there is a near limitless number of possibilities. Easements are not always for individuals. More commonly it is for some government (local or federal), a business, or a utility company.
If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended. Check property regularly to ensure it is not being used in such a way that may lead to an easement should it continue for whichever time frame local governments have specified. Give permission, which can seem counter-intuitive but which can establish that you are lending in a limited timeframe preventing an easement.
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.
Once you have a fully executed easement, you should then file the easement in your local county’s land records office.
In general, there are three different types of easements: Easement by Prescription: This type of easement is also known as a prescriptive easement.
Negative easements are generally treated as restrictive covenants. An example of this would be if a new condo were being built, and the owners of an existing condo building do not want their ocean view blocked by the new building. A negative easement may address this concern. Some other types of easement include:
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.
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 ...
Different states may recognize several different types of easements, depending on that state’s specific real property laws. In general, there are three different types of easements:
How Easements Arise? In some cases, another party may simply request that you grant an easement, giving you the opportunity to agree or not. In other situations, an easement can arise without your express knowledge or consent. Therefore, it is important to be vigilant when you allow others to use your property.
Because easements tend to impact the value and usefulness of your property. If your property is burdened by an easement, the easement may complicate and hinder the uses to which you can put your property. Alternatively, if you or your property is benefited by an easement, that may expand the potential uses of your property and make it more valuable.
Easements implied by necessity – An easement by necessity can arise if one property has no access to something absolutely necessary for the use and enjoyment of the property. A common example occurs when one property is landlocked by another, and the owner of the landlocked property needs to pass through part of another’s property ...
Easements appurtenant – Instead of benefiting a specific person, this kind of easement “runs with the land” and therefore benefits whoever owns a particular property. In other words, this kind of easement is inseparable from the subject property, and passes from one owner to the next as the property is transferred unless something operates ...
Prescriptive easements – To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another’s land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
Types of Easements. Washington law sets out two main kinds of easement: Easements in gross – These easements give benefits to specific parties, regardless of what property they own. The party that benefits from an easement in gross usually cannot transfer those rights to another party. This kind of easement is common when, for example, ...
Easements implied by prior use – Easements implied by prior use is the law’s way of honoring informal easement-like arrangements that were likely intended to run with the land. Easements arising from prior use must generally satisfy each of the following elements: (1) One larger property has been subdivided, and some part of the original undivided property has been transferred; (2) Prior to the sale, the owner of the original undivided property had been using one of the now-subdivided lots to benefit another now-subdivided lot; (3) The prior use was reasonably necessary to the enjoyment of the benefited land (a lower bar than easements implied by necessity above); (4) The prior use was continuous up until the time of transfer; and (5) The prior use was reasonably apparent to the parties at time of transfer.
Easements are a right given to another person or entity to trespass upon or use land owned by somebody else. Easements can be granted to neighbors, government agencies, or any other non-property owner.
Easement by prescription, also known as prescriptive easements, are implied easements that are gained under principles of a legal process known as “adverse possession.”
In some states, such as California, all that is required is a sign at the perimeter points of the property that clearly states that, “No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription…”
Much like the requirements for adverse possession, an easement by prescription requires that the easement be: Actually used; Open and notorious (openly used or observable); Continuous for the specific period of time set by the state (generally anywhere between five to twenty years); and. Adverse or in conflict with the claims of the actual owner.
Contacting a local property attorney is your best shot at retaining your property rights if you have a squatter on your land. A lawyer can initiate the necessary legal steps like setting up a quiet title action, making sure your interest is properly recorded or representing your interests against adverse users to ensure that your property interest is protected.
A lawyer can initiate the necessary legal steps like setting up a quiet title action, making sure your interest is properly recorded or representing your interests against adverse users to ensure that your property interest is protected. Post Your Case - Get Answers from Multiple Real Estate Lawyers.
Establishing a pre scriptive easement depends on the state where you reside. Many courts will grant a prescriptive easement so long as all the elements described above are met.
On the other hand, most homes, particularly in urban areas, come with what are called "easements.". These constitute someone else's legal right to use your land for a particular purpose; though in many cases, it's a purpose you'll hardly notice. For example, the municipal water company might have an easement to run water pipes under your property.
Someone can acquire an easement over another's land for a particular purpose (such as accessing their own home) by using someone else's property openly and continuously for a set period of time. This is called a prescriptive easement, and typically one is created when someone uses land for access, such as a driveway or beach path or shortcut. The length of use required for a prescriptive easement varies from state to state and is often the same (ten or 20 years) as for adverse possession (which is when someone acquires legal ownership of land by occupying it).
If your title contains private easements, you should get copies of the actual easement documents. You need to know where the easements are and what uses they allow. If a solar access easement has been sold to a neighbor, for example, you could find that you are severely limited in what you can build or grow on your property, because you can't block sunlight to the neighbor's solar collectors. If you are unaware of the terms of a private easement, you could unknowingly interfere with the easement rights and be liable for damage.
Or, go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.
prescriptive easements (acquired by someone's use of property).
Someone can acquire an easement over another's land for a particular purpose (such as accessing their own home) by using someone else's property openly and continuously for a set period of time. This is called a prescriptive easement, and typically one is created when someone uses land for access, such as a driveway or beach path or shortcut.
So if the only access to a piece of land is by crossing through your property, the law recognizes an easement allowing access over your land. This is called an "easement by necessity." When land is subject to such an easement, the landowner may not interfere with the neighbor's legal right.
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 ...
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.
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.
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.
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.
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.
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 ...
Typically, an easement is a law that entitles its holder to use a property for a specific purpose. The catch is that the easement holder need not be the owner of the property. This allows the party with an easement ...
If a home is on property that is landlocked, for example, the owner may need to secure an easement appurtenant in order to cross a neighbor’s land and access the main road or surrounding area.
Easement in gross agreements are unique because they are valid only so long as the property owner or easement holder lives. This means the agreement is contingent upon the individuals involved rather than the properties in question. The easement may also be invalidated if the owner of the land sells it or another person takes possession for any reason.
A person who has established their continual and necessary use of a property may be able to acquire this easement and ensure their continued use of the land is legal. Such an easement may even be earned without the property owner’s permission.
The catch is that the easement holder need not be the owner of the property. This allows the party with an easement to execute nonpossessory actions. The ambiguity of this phrase, though, does not answer what such actions might include. This depends on what kind of easement has been granted.