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.
An easement for a driveway in Alabama refers to a legal right that allows individuals to access a property or utilize a driveway located on someone else's land. This arrangement grants a non-exclusive, non-possessory interest in the land, enabling particular individuals or entities to access a designated area for ingress and egress purposes. In Alabama, there are primarily two types of easements for driveways: express easements and implied easements. An express easement for a driveway is created when the property owner explicitly grants another party the right to use their property for driveway access. This can be achieved through a written agreement, such as a deed or a separate easement document. Implied easements, on the other hand, are not explicitly granted but are implied by the circumstances of the property and the driveway's historical usage. One common example of an implied easement for a driveway is when two neighboring properties were once under common ownership, and a driveway was used to connect them. When the two properties are later sold to separate owners, an implied easement could be presumed, allowing for the continued use of the existing driveway to access the landlocked property. It is important to note that easements can also be classified as either appurtenant or in gross. Appurtenant easements are attached to the land and benefit the owner and any subsequent owners of a particular property. In contrast, easements in gross benefit a specific individual or entity regardless of the property they own. However, only appurtenant easements tend to pass to subsequent owners when the property is sold, unless otherwise specified. In summary, an easement for a driveway in Alabama is a legal right that grants a designated party the ability to access a property or utilize a driveway located on another person's land. The two main types in Alabama are express easements and implied easements, which can further be classified as either appurtenant or in gross.
