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.
Indiana Easement for Access to Property is a legal right that allows individuals or entities to access a property owned by someone else. It is an agreement between the property owner, referred to as the serving estate, and the individual or entity needing access, known as the dominant estate. An easement provides the dominant estate with the right to enter and exit the serving estate without owning the property. This legal arrangement ensures that individuals have a lawful and recognized way to access their property when the only feasible means is through someone else's land. There are a few different types of Indiana Easement for Access to Property, including: 1. Easement by Grant: This type of easement is created when the property owner explicitly grants access rights to the dominant estate through a written document, such as a deed or contract. The terms and conditions of the easement are established and recorded for future reference. 2. Easement by Necessity: This type of easement is granted when there is no other reasonable way to access a property, except by crossing another person's land. It typically arises when a property is landlocked, meaning it has no direct access to a public road or thoroughfare. A court will determine the necessity of the easement, taking into account various factors. 3. Easement by Prescription: In Indiana, an easement by prescription can be established if someone openly, continuously, and exclusively uses another person's land for a legally prescribed period, typically 20 years. This type of easement does not require the consent of the property owner and arises through adverse possession. It is important to note that Indiana law recognizes both appurtenant and in gross easements. An appurtenant easement is attached to the dominant estate and benefits the current and future owners of that property. In contrast, an easement in gross benefits an individual or entity, irrespective of any land ownership.
