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.
Nevada Easement for Driveway — Understanding the Different Types In Nevada, an easement for a driveway refers to a legal right granted to a property owner or individual, allowing them access to a particular driveway or road crossing over another person's property. This type of easement ensures a clear and defined path for ingress and egress, facilitating convenient travel to and from the property. Whether you are a property owner seeking an easement or someone who has been requested to grant one, it is crucial to understand the different types of easements for driveways in Nevada. 1. Express Easement: An express easement is the most common type and is created through a written agreement between the property owner who grants the easement (the serving estate) and the person receiving the rights (the dominant estate). This agreement specifies the exact terms and conditions of usage, duration, and any restrictions applicable to the easement. Express easements are typically recorded in the property records of the county where the property is located. 2. Implied Easement: An implied easement is not explicitly stated in a written agreement but is instead implied by the circumstances of the property or the actions of the parties involved. It arises when there is a historical use that is apparent, continuous, and necessary for the reasonable enjoyment of the property. For example, if a property owner has been using a particular driveway for an extended period without any objections, an implied easement may be established. 3. Prescriptive Easement: Similar to an implied easement, a prescriptive easement is created when a person uses someone else's property without permission but openly, notoriously, and continuously for a specified period of time (generally 15 years in Nevada). If the use meets these criteria, the person acquires a legal right to continue using the driveway even without an express or implied agreement. 4. Easement by Necessity: An easement by necessity is granted when a property is landlocked and there is no other reasonable means of accessing it. This easement allows the landlocked property owner to use a neighboring property's driveway or road to gain access to their land. It is important to note that this type of easement is typically temporary and automatically terminates when an alternate access route becomes available. When dealing with any type of easement for a driveway in Nevada, it is advisable to consult with an experienced real estate attorney to ensure that your rights and obligations are properly protected. Understanding the specific type of easement you hold or are granting is essential for navigating potential conflicts and ensuring a harmonious relationship between property owners.
