Common Driveway Laws

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Easements are usually created by a transfer in a deed or some other written document such as a will or contract. Creating an easement requires the same formalities as the transferring or creating of other interests in land. It typically requires a written document, a signature, and proper delivery of the document.

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

An easement is created by necessity when a single lot has been divided and one lot is left with no reasonable access to a main road or utilities without use of the other lot.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.

Typically, reciprocal easement agreements ("REAs") are used when a property is owned by more than one person or entity, and the persons or entities wish to develop the property as an integrated shopping center.These contractual obligations will run with the land of the property that comprises the shopping center.

In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.

Utility Easements. Private Easements. Easements by Necessity. Prescriptive Easements. Legal Disputes Over Easements. More Help with Easements.

The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention. If the value of the immovable property is Rs.