An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Property easement, as a concept, can be complex and confusing for beginners. In simple terms, a property easement is a legal right granted to someone to use a specific piece of land owned by another person, often for a specific purpose. This "easement holder" can access and utilize the land without owning it, while the landowner retains ownership and control over the property. In this article, we aim to provide a straightforward explanation of property easements, covering the basic concepts and different types of easements. To elaborate further, let's start with the definition of "easement." An easement is a legal arrangement that allows a third party to access or use land that they do not own. It is a type of property right created through a written agreement, known as an easement agreement or deed, which outlines the conditions and limitations of the easement. There are various types of property easements, each serving different purposes. Some common types of property easements include: 1. Right of way easement: This type of easement allows individuals or entities to pass through a property owned by someone else. It is commonly used for road access, pathways, or utility lines. 2. Conservation easement: A conservation easement is designed to protect and preserve natural resources or historic properties. It restricts certain land uses to maintain environmental or cultural values. 3. Utility easement: Utility companies often require easements to install and maintain utility infrastructure like power lines, water pipes, or telecommunication cables. These easements ensure that the utility company can access the land for necessary maintenance and repairs. 4. Easement in gross: An easement in gross is a specific type of easement that grants a particular individual or entity the right to use another person's property. It does not benefit a specific piece of land owned by the easement holder. For example, a hunting easement would be considered an easement in gross. 5. Appurtenant easement: An appurtenant easement benefits a particular property, known as the dominant estate, and burdens another property, known as the serving estate. These easements typically run with the land, meaning they transfer to subsequent property owners automatically. Understanding property easements can be vital when purchasing, selling, or utilizing land. It is important to consult legal professionals or real estate experts to ensure a clear understanding of the specific easements affecting a property. By familiarizing yourself with the various types of easements and their definitions, you can navigate property transactions with confidence.
