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.
New Mexico Easement for Driveway: A Comprehensive Guide In the state of New Mexico, an easement for a driveway refers to a legal right granted to a property owner, allowing them to use another person's property for access to and from their own property. This type of easement provides convenience and practicality, especially in cases where the property directly accessing a public road may be hindered by geographical or other constraints. There are various types of easements for driveways in New Mexico, each with its own unique characteristics and requirements. Let's explore some commonly found types: 1. Express Easement: This type of easement is explicitly detailed in the property deed or a separate legal agreement. It is often created when two property owners agree to an arrangement where one owner allows the other to use a designated portion of their land as a driveway. Express easements are typically recorded with the county clerk's office to ensure their legal validity and enforceability. 2. Implied Easement: Unlike an express easement, an implied easement for a driveway is not explicitly stated in any legal document. Instead, it arises from the circumstances of the division or sale of a larger parcel of land. For instance, if a property is sold in such a way that it requires access over a portion of another property to reach a public road, an implied easement may be created. Courts may recognize implied easements based on the apparent necessity of access and the parties' intentions at the time of sale. 3. Prescriptive Easement: A prescriptive easement is established when someone openly, continuously, and without permission uses another person's property for the purpose of accessing their own property. To acquire a prescriptive easement for a driveway in New Mexico, the use must be uninterrupted for a specific period (often 10-20 years). The claimant must demonstrate that they used the land openly, actually, and adversely to the legal owner's interests. 4. Easement by Necessity: This type of easement arises when a landowner is landlocked or has no other means of accessing their property except by using another property. Easements by necessity are typically granted by the courts to provide essential access, ensuring the landlocked property owner can reasonably use and enjoy their property. It's important to note that obtaining and managing easements for a driveway in New Mexico can be a complex and legally involved process. Consulting an experienced real estate attorney can provide valuable guidance and ensure compliance with the specific laws and regulations governing easements in the state. To summarize, a New Mexico easement for a driveway grants a property owner the legal right to use someone else's property for access. Whether it's an express, implied, prescriptive, or by necessity easement, each type serves a unique purpose and must comply with the relevant state laws and regulations. Seeking professional assistance is highly recommended navigating this intricate area of property rights.
