A legal right known as an easement grants a person, property owner, or organization certain rights to use land that they do not own. These rights can vary, but generally speaking, they refer to the use of land for certain restrictions or purposes. If you own a property with an easement, it affects the way you manage and use the land. Understanding the basics of easement law is important whether you’re taking on a new property, or leasing out your own.
Easement Overview
An easement is an interest in real estate that entitles someone (the easement holder) to make use of the land owned by another (the servient estate). Easements are typically used to allow people access to some sort of property, building, or land that they do not own. Easements can also refer to the right to use the surface of the land for a specific purpose such as a driveway, electricity lines, or gas lines.
Types of Easements
Easements are divided into two types: affirmative easements and negative easements. Affirmative easements give the holder of the easement certain rights to use the property in ways that are not generally allowed without the permission of the landowner. Examples of affirmative easements include driveways, public footpaths, and utility lines. Negative easements, on the other hand, limit the use that can be made of the land owned by the servient estate. For instance, you may have a right to enjoy the natural views from your property, but an easement on the other property might limit your neighbor from blocking your view with objects that would usually be allowed.
Implied and Express Easements
Easements also fall into two separate categories: implied and express. Express easements are the most common type of easement and are created in writing, either by deed or by contract. Implied easements, however, are based on the practical needs and uses of the property. For example, you may require access to your property from a driveway on an abutting property. In this case, a court may imply an easement that would grant you the right to access the driveway.
Conclusion
Easements are a critical part of real estate law and can have a significant impact on the way a property is used and enjoyed. Understanding the basics of easement law is an important part of protecting your rights and interests as a property owner or leaseholder.