An easement refers to a person’s right to use a part of another person’s land for a specific purpose. It is a “nonpossessory interest.” This means that the easement holder does not own the land but has permission to use it in certain ways.
Property owners usually encounter easements when their property is “landlocked,” meaning it has no access to a public road. They may also encounter them when utility companies need to install or maintain lines, pipes or other infrastructure on their land. In urban or suburban areas, properties might have shared driveways or pathways, leading to easements for mutual use and maintenance responsibilities.
What are the different types of easements?
There are two main types of easements:
- Affirmative easement: This allows the holder to perform certain actions on the land, such as using a driveway or pathway. It ensures that they can access or utilize the property in a way that supports their needs, like reaching their home or business.
- Negative easement: This prevents the landowner from doing something that could affect the easement holder, like building a structure that blocks a view or light. It keeps the easement holder’s rights safe by making sure that portion of the land stays relatively the same.
Easements can arise in various ways. They can be as simple as both parties—the easement holder and the landowner—agreeing on them or because they are necessary. A person may also have been using a portion of another’s land openly and continuously for 15 years without the owner’s permission. This may eventually lead to a prescriptive easement or them gaining legal rights to continue using it.
Easements transfer with the land they benefit. When the easement holder sells their property, the easement typically goes to the new owner. However, this does not mean they are permanent. Courts may order the termination of an easement if its original purpose disappears or if abandonment or changes render it unnecessary.
Easement disputes can be complicated
When easements have unclear boundaries or when property owners disagree on their use or maintenance, disputes can come up. If you are facing issues regarding blocked access to easements or disagreements over its termination, consult with an attorney. They can negotiate for favorable resolutions while advocating for your best interests.