Easement Agreement

• Category: Real Estate - Easements and Rights of Way
• State: Multi-State
• Control #: US-EAS-33
• Format: Word; Rich Text

Description Right Of Way Agreement Form

Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot. 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. A driveway easement may be created by recording a deed that states, for example, 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. 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.

Ingress-egress easement is a legal right granted to a property owner or a third party to access and exit a property through another owner's land. It ensures uninterrupted access and is commonly utilized in situations where a property is landlocked or lacks direct access to a public road. This type of easement allows for ingress (entering) and egress (exiting) activities necessary for property owners to utilize their land effectively. There are several types of ingress-egress easements that can be identified: 1. Express Easement: An express easement is created through a written agreement between the parties involved. This agreement specifically outlines the rights and responsibilities of each party and is typically recorded at the county recorder's office. For example, a property owner may grant their neighbor an express easement to use their driveway for accessing their backyard. 2. Implied Easement: An implied easement usually arises when a parcel of land is subdivided or sold, and access to the property is reasonably necessary for its use. This type of easement is not explicitly stated in any written document but is implied by the circumstances. An example of an implied easement could be if an individual buys a landlocked property, and it can be reasonably assumed that they have the right to cross a neighboring property for access. 3. Easement by Necessity: Easement by necessity is similar to an implied easement but only occurs in cases where a property is entirely landlocked and there is no alternative access available. It is a legal doctrine that recognizes the essential need for access and grants an easement to the landlocked property owner. For instance, if an individual's property has no direct access to a public road, they may be granted an easement across another property to ensure reasonable access. 4. Prescriptive Easement: A prescriptive easement is acquired through continuous, open, and uninterrupted use of another person's land without obtaining permission but with the knowledge and acquiescence of the landowner. This type of easement is granted when a person has used someone else's land openly and notoriously for a statutory period (which varies by jurisdiction). For example, if someone has been using a neighbor's driveway for regular access to their property for the required period, they may have acquired a prescriptive easement. In conclusion, ingress-egress easements provide necessary access rights to properties that lack direct access to public roads. These easements can be established through express agreements, implied circumstances, necessity, or through prescriptive use. It is crucial for property owners and potential buyers to understand these different types of easements to ensure their access rights are protected.